Amir Das, J.

1. This revision-application under Secs. 397 and 401 of the Code of Criminal Procedure is directed against the order dated 23,4.1992 passed by Sri Ramanuj Sinha, Judicial Magistrate, 1st Class, Patna in Case No. 558 (M)/1983 whereby the prayer for grant of maintenance has been refused.

2. The petitioner-wife made an application for grant of maintenance against her husband-Opposite Party claiming herself to be his legally married wife and on amongst other grounds. She has asserted that she was married with Opposite party according to Hindu rites and customs on 4.7.1979 and thereafter, she was living with her husband. She gave birth to two sons-one on 5.12.1980 and another 5.3.1982. These two sons are also petitioners and they are living with their mother. Sometimes, thereafter the opposite party started torchring, and ill-treating her resultant she left her husbands house under compulsion. Neither the petitioner nor her children were maintained by the opposite party rather they were neglected to be maintained. Consequently, she made an application of grant of maintenance on 26.9.1983. She has also claimed that her husband-Opposite party is a Junior Engineer draw