J. P. CHATURVEDI, J. This is a revision against the order of the Munsif Judicial Magistrate, Mahaban at Mathura dated 23-10-1975 directing the applicant J. M. Datta to pay Rs. 200/-per month to opposite party Smt. Neeta Datta by way of maintenance under the provisions of Sections 125 of the Code of Criminal Procedure, 1973. 2. The facts giving rise to the revision are that Smt. Neeta Datta made an application for maintenance under section 125 of the Code of Criminal Procedure on 2-1-1975 against her bus-band J. M. Datta. She alleged that she had been married to opposite party J. M. Datta and had been living with him as his wife since 1971. A child was born to her from the opposite party. She has been deserted by the opposite party and since 1972 she has been living with her mother. The opposite party was earning Rs. 500/- per month. She therefore claimed Rs. 300/- by way of maintenance allowance. Since J. M. Datta the opposite party did not put in appearance, the trial court passed an ex-parte order on 23rd October, 1975 granting Rs. 200/- per month to the applicant. 3. Aggrieved against that order, J. M. Datta has filed this present revision. 4. It has been contended on behalf of the applicant J. M. Datta that the order of the trial court was illegal, being against the provisions of section 125 of the Code of Criminal Procedure, 1973 inasmuch as there was neither any allegation in the application of Smt. Neeta Datta nor was there any evidence nor any finding that she was unable to maintain herself. In the circumstances the trial court could not grant her maintenance. 5. Section 125 (1) provides : 125 (1) If any person having sufficient means maintain neglects or refuses to (a) his wife, unable to maintain her self, or (b ). . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . 5. Section 125 (1) provides : 125 (1) If any person having sufficient means maintain neglects or refuses to (a) his wife, unable to maintain her self, or (b ). . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct. " It is clear that a wife is entitled to maintenance only if the husband neglects or refuses to maintain her and if she is unable to maintain herself. In the present case the trial court has not given any finding on these two points and therefore the order is unsustainable, in Manmohan Singh v. Smt. Mohindra Kaur, it was held : " As it was not alleged by the opposite party in her application under section 125 Cr. P. C, 1973 and it was not stated by her in her statement recorded by the C. J. M. , Dehradun that she was unable to maintain herself and no finding has been recorded by the C. J. M. , Dehradun or the Sessions Judge, Dehradun that the opposite party was unable to maintain herself, the order of the C. J. M. , Dehradun dated 2-9-1975 are clearly illegal. " 6. An application for amendment of the application dated 2-1-1975 was moved on behalf of Smt. Neeta Datta but there is no such provision in the Code of Criminal Procedure. This application is rejected. 7. The order of the learned Magistrate dated 23-10-1975 granting maintenance allowance of Rs. 200/- per month to Smt. Neeta Datta is quashed and the case is remanded to the trial court with the direction that it shall dispose of the application of Smt. Neeta Datta in accordance with law after giving an opportunity to Smt. Neeta Datta to prove the merit of her claim including the fact that she is unable to maintain herself. The learned Magistrate shall also give an opportunity to J. M. Datta to contest and refute the claim of Smt. Neeta Datta for maintenance. In case the learned Magistrate grants maintenance to Smt. Neeta Datta, he will take into consideration the amount already paid by J. M. Datta to her under the stay order of this court. The parties will appear before the trial court on 15th March, 1977. The record may be sent down to the trial court forthwith. The stay order dated 19th January, 1970 is vacated. Ordered accordingly. .