Ramratna Singh, J.

1. This implication is directed against an order of the Sub-divisional Magistrate of Purnea, by which the petitioner was required to pay Rs. 30 per month for the maintenance of his wife. Chhabi Chatterjee, and Rs. 20 per month for the maintenance of his infant daughter through the mother Chhabi Chatterjee under Sec. 488 of the Code of Criminal Procedure. The opposite party Chhabi Chatterjee filed an application under that Section on the 26th June 1903. alleging that she had been married with petitioner Banshidhar Jha, by exchanging gar-lands m a temple on the 6th Shravan, corresponding to the 21st July 1962, according to the customary right as also by the petitioner putting vermilion on her forehead. Since then, she claims to have lived with him as his lawfully wedded wife and given birth to the girl on the 23rd May. 1963, at Katihar Hospital, where the petitioner got her admitted. The petitioner denied the allegations and said that the infant girl was not his child, nor was Chhabi Chatterjee his wife. He further pleaded that he had already a lawfully married wife under Hindu law since 1952 and in view of the provisions of the Hindu Marriage Act, 1955, th