( 1 ) THE petitioner has come up in revision against the order of the learned City Magistrate, bangalore, in Criminal Miscellaneous Case No. 393 of 1957, wherein he enhanced the maintenance to be paid by the petitioner from Rs. 8/- to Rs. 50/- per month.

( 2 ) IN order to appreciate the contentions advanced from the Bar, it is necessary to state the facts of the case briefly.

( 3 ) THE petitioner married the respondent in about 1913. Later he took a second wife. The respondent filed an application under Section 488 Cr. P. C. , as per Cr. Mis. No. 157 of 1938-39 on the file of the learned City Magistrate, Bangalore, claiming maintenance from the petitioner on the ground that he has neglected and refused to maintain her. In the course of the enquiry of the said petition, the parties represented to the Court that they had agreed that the petitioner should pay to the respondent maintenance at the rate of Rs. 10/- per month till his retirement from service and at the rate of Rs. 8/- per month after his retirement. An order under Section 488 Cr. P. C. was accordingly passed. The petitioner has been paying the respondent at that rate. Now the respondent has come up with an application u

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