N. Pandey, J.

This is an application for setting aside an order dated 10.6. 87 passed in trial no. 1418/ 85 by the Judicial Magistrate, Sikrahana at Mutihari.

2. The opposite party happens to be the wife of the petitioner filed a petition under section 125 of the Code of Criminal Procedure, 1973, on 13.11.85 in the court of Sub-divisional Judicial Magistrate, Sikarahana at Motihari, claiming maintenance of Rs.650 per month for herself and her son. She has claimed to be the legally wedded wife of the petitioner and has also got a son. It has been alleged in the petition that she and her son are not being maintained rather neglected by the petitioner. The opposite party has also alleged that the petitioner has contracted another marriage.

3. The petitioner filed his written statement on 28.2.86 and contradicted the allegation made in the petition filed under section 125 of the Code of Criminal Procedure. In paragraph I3 of the written statement the petitioner stated that he had divorced the opposite party. In the written statement it was further stated that the child does not belong to the petitioner and, therefore, he was not obliged to pay any maintenance to the opposite party