1. This application in revision is directed against an order dated the 19.07.1972, passed u/s. 488 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) directing the petitioner to pay Rs. 60.00 per month as maintenance to the opposite party with effect from the date of the said order.

2. It appears that the opposite party filed an application under Sec. 488 of the Code before the Sub-divisional Magistrate. Motihari on the 28th August, 1970, claiming that she was married to the petitioner nearly 35 years ago and since then she has been living with him as his wife. It was further alleged that the petitioner having sufficient means, had neglected to maintain her and as such he should be directed to pay her a maintenance of Rs. 425/- per month since the date of filing of the said application. The learned Sub-divisional Magistrate issued show cause notice to the petitioner. In pursuance of the said notice the petitioner filed his show cause on the 17th November, 1970. In the said show cause it was alleged on behalf of the petitioner that the opposite party was not entitled for maintenance, because the petitioner had already divorced her. In paragraph 9 o