Ramratna Singh, J.

1. The opposite party is the first wife of the petitioner. She made an application before the learned Sub-divisional Magistrate of Katihar under Section 488 of the Code of Criminal Procedure for maintenance on the ground that he had neglected her and refused to maintain her. The petitioner was asked to show cause against this prayer of his wife. He asserted that, as she was an idiot and mentally deranged, he took a second wife in 1947 with her consent and thereafter the opposite party was living separate from him by mutual consent. The learned Magistrate, however, rejected the assertion of the petitioner and allowed a monthly allowance of Rs. 40.00 to the opposite party with effect from the 26th September, 1960, on the ground that he had neglected her and refused to maintain her. An application in revision against this order was dismissed on merits by the Additional Sessions Judge of Purnea. Hence, the present application in revision to this Court.

2. Mr. B.C. Ghose, who appeared on behalf of the petitioner, submitted that an unusual procedure had been adopted by the learned Magistrate and, therefore, the order granting maintenance to the opposite party w