ORDER

N.K. Batabyal, J. - This revisional case arises out of an application under Section 482 read with Section 401 of the Cr. P.C., 1973 and is directed against an order dated 23.2.1993 passed by the learned 3rd Judicial Magistrate, Howrah in Misc. Case. No. 10/83 ill a proceeding under Section 127 of the Cr. P.C.

2. The marriage between the petitioner and the opposite party No.1 was solemnised according to Hindu rites and Customs on 20.4.1976. After the marriage the party’s lives together and the relationship between the parties became strained and the wife-opposite party deserted the husband. Attempts at compromise failed. In 1980 the husband filed Matrimonial Suit No. 116/80 in the Court of the learned District Judge, Howrah for restitution of conjugal rights but he withdraw that suit in January, 1983. The wife then filed an application under Section 125 of the Cr. P.C. in the Court of the learned S.D.J.M., Howrah praying for maintenance at the rate of Rs. 200 per month. The learned Magistrate by order dated 31.5.1986 directed the husband petitioner to pay maintenance at the rate of Rs. 150 per month to the wife-opposite party from the date of filing of the application. The hus