( 1 ) THIS Rule is at the instance of the second party-petitioner, Hemendra Nath Chowdhury, against an order dated the 17th November, 1969 passed by Sri S. C. Talukdar, Chief Presidency Magistrate, Calcutta in case No. M/1103 of 1968 under Section 488 of the Code of Criminal Procedure, rejecting the petitioner's prayer for setting aside an ex parte order dated the 21st April, 1969, passed by the learned Chief Presidency Magistrate, Calcutta directing him to pay Rs. 300/- per month as maintenance to the 1st party-opposite party, Sm. Archana Chowdhury, and also a further order dated the 15th December, 1969 passed by the learned Chief Presidency Magistrate Calcutta directing the issue of a distress-warrant against the petitioner.

( 2 ) THE facts leading on to the Rule are short and simple. The first party Sm. Archana Chowdhury filed on 12-11-68 an application under Section 488 of the Code of Criminal Procedure in the court of the Chief Presidency Magistrate, Calcutta against the second party, Hemendra Nath Chowdhury, claiming a maintenance of Rs. 350/- per month. It was stated therein inter alia that the first party is the legally married wife of the second party, and t