JUDGMENT 1. - The application u/s. 125 Cr.P.C. filed by the petitioner wife was allowed by the trial Court vide order dated 30.7.2002 and a maintenance of Rs. 1,250/- per month was ordered to be paid to the petitioner- wife. Aggrieved by the above order passed by the trial Court, an appeal was preferred by the respondent-husband. The appellate Court, while allowing the appeal vide order dated 29.3.2003, set aside the order passed by the trial Court. The main ground of allowing the appeal has been that the petitioner-wife, without any sufficient cause, was living separately from the respondent-husband. 2. After hearing counsel for the parties, I have carefully gone through the material on record and also both the orders passed by the Courts below. 3. There is no dispute that on a complaint been filed by the petitioner-wife, the respondent-husband was convicted by the trial Court for the offence u/s. 498-A IPC. Though on an appeal preferred by the respondent-husband, the order of conviction resulted into the order of acquittal. It has also come on record that after conviction the respondent-husband also filed a petition for divorce against the petitioner-wife. Though the same allowed to be dismissed for non-prosecution by the respondent-husband. There is no evidence on behalf of the respondent-husband in rebuttal to the evidence led by the petitioner-wife before the trial Court. 4. Having considered entire facts and circumstances, there appears to be sufficient reasons for the wife not to live with the husband. As such, the impugned order dated 29.3.2003 passed by the appellate Court cannot be sustained. 5. Accordingly, the petition is allowed. The impugned order dated 29.3.2003 passed by the appellate Court is set aside. It has been submitted on behalf of the respondent-husband that under the law the petitioner wife could be allowed only Rs. 500/- per month from the date of application till April, 2001. Since the increase was made under the Act only w.e.f 1.5.2001, the submission made by counsel for the respondent-husband appears to be correct. The order dated 30.7.2002 passed by the trial Court is modified to the extent that the petitioner shall be entitled for maintenance at the rate of Rs. 500/- per month from 17.12.1998 till 30.4.2001 and thereafter Rs. 1,250/- per month w.e.f 1.5.2001. The payment as ordered above may now be paid to the petitioner wife by the respondent-husband within thirty days from today.Petition allowed. 500/- per month from 17.12.1998 till 30.4.2001 and thereafter Rs. 1,250/- per month w.e.f 1.5.2001. The payment as ordered above may now be paid to the petitioner wife by the respondent-husband within thirty days from today.Petition allowed. *******