Imam, J.

1. This is an application in revision against the order of the Deputy Commissioner affirming that of the Sub-divisional Magistrate in a proceeding under Sec. 488, Criminal Procedure Code, It appears that that proceeding was ultimately decided in favour of the opposite party namely, Mercy Richard and thereby she got an order for maintenance of Rs. 45/- a month. Thereafter, it appears that the petitioner appeared before the Sub-divisional Magistrate with a petition stating why he was not able to carry out the orders of the court passed under Sec. 488, Criminal Procedure Code, directing maintenance to be paid to the opposite party, Mrs. Mercy Richard.

The courts below held that as the order under Sec. 488, Cr. P. C., was final, as no steps were taken to move the superior court against the said order, it was not open to the court to reconsider the matter. All that could be considered impliedly was whether the petitioner had shown sufficient cause for not obeying the order of the court, namely, to pay the maintenance of Rs. 45/- per month as directed by the Court.

2. It appears that there was a divorce suit brought by the petitioner against the opposite party in 1955. T