N. G. CHAUDHURI, J.

( 1 ) THIS revisional application under Section 397 of the Code of Criminal Procedure at the instance of the wife in a proceeding under Section 125 of the Code is directed against order dated 13-2-82 passed in Misc. Case 1126 of 1980 by the Judicial Magistrate 1st Class, Howrah. By the order impugned the learned Magistrate has set aside the ex parte order for maintenance, passed in favour of the wife on the application of the opposite party husband under Section 126 of the Code.

( 2 ) ALLEGING that marriage between her and opposite party had taken place on 18-9-79 under the Special Marriages Act and the couple lived in the rented premises of the opposite party at 7/1 Girish Banerjee Lane, P. S. Sibpur for sometime, the petitioner wife filed an application under section 125 Cr. P. C. in the Court of S. D. J. M. Howrah on, 23-9-80. Further she alleged that on 9- 2-80 the husband had left her alone in the above noted matrimonial home without making any arrangement for her maintenance and eventually refused to maintain her. She alleged that opposite party was an Assistant Engineer under the C. M. D. A. and had his office at Sech Bhavan, Salt Lake, Calcutta and was

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