Desai, J. :- These two revision petitions are directed against the order dated February 12, 1979, passed by the Judicial Magistrate First Class, III Court, Belgaum, in Cr. Misc. Case No. 91 of 1979 on his file under Section 125 of the Code of Criminal Procedure 1973 (hereinafter referred to as the 'new Code'). The Code of Criminal Procedure 1898 will be hereinafter referred to as the 'old Code'.

2. The undisputed facts are that Malan the petitioner in Cr. R.P. 131/79 and respondent in Cr. R.P. No. 409/79 is the wife of Babu Rao, the respondent in Cr. R.P. No. 131/79 and the petitioner in Cr. R.P. No. 409/79. These parties will be hereinafter referred to as the 'wife' and 'husband'.

3. The wife filed an application under Section 125 of the new Code praying that she is entitled to a monthly maintenance of Rs. 500 as her husband has contracted marriage with another woman called Janabai and has neglected and refused to maintain her. She also alleged that her husband is the proprietor of the business run under the name and style as "Vishwanath Metal Mart" at Ganapathgalli, Belgaum and has a monthly income of Rs. 3,000. She has stated that she has studied up to S.S.L.C. According