JUDGMENT

J.N. Hore, J. - Opposite party No. 1 filed an application under Section 125 of the criminal Procedure Code against the petitioner before the learned Chief Judicial Magistrate of Howrah for maintenance. Opposite party No. 1 also filed a similar application for maintenance or alimony pendente lite under section 24 of the Hindu Marriage Act, 1955, in the pending matrimonial suit No. 11 of 1987 before the learned Additional District Judge, 13th Court at Alipore, 24-Parganas (South) filed by the present petitioner against opposite party No.1 for divorce and the said application of the opposite party was allowed by the learned Judge on August 31, 1987 directing the present petitioner to pay alimony pendente lite at the rate of Rs. 300/- per month to the opposite party No. 1 together with some arrears maintenance and also to pay a sum of Rs. 400/toward litigation expenses. The petitioner filed an application under section 151 of the Code of Civil Procedure for recalling the said order dated August 31, 1987 in view of changing circumstances of the petitioner. It is still pending for disposal.

2. As the present petitioner was absent, O.P.No. l's application for maintenance under S