( 1 ) THIS revisional petition is directed against the order of a learned Magistrate granting a monthly maintenance allowance of Rs. 50 to the opposite party, Charubala Mahatani, under Section 488 Cr. P. C.

( 2 ) IT is not disputed that the parties are married and they lived together for some years. Thereafter the husband married a second wife and sometime thereafter a third wife. The opposite party then refused to live with the petitioner and went to live separately elsewhere. In the instant case she made allegations of torture against the petitioner which were not believed by the learned Magistrate. He seems to infer neglect from the fact of the petitioner marrying a third wife. The learned Magistrate observed:"this third marriage is an overt act which can be said to have changed the whole context materially. 1st party's surroundings in the O. P. s ghar is no longer the same before. Even if there Is no direct evidence of her torture and persecution at the hands of her husband, this act of her husband to remarry for the third time is enough disrespect to the sentiments of the 1st party and should be construed as gross neglect on the part of the O. P. 1st part