( 1 ) THIS revision application is directed against the judgment and order dated 11. 11. 1998 passed by Shri S. Bhattacharyya, S. D. J. M. , Diamond Harbour in Misc. Case No. 46 of 1995/t. R. No. 379/1998 under Section 125 of Cr. P. C. By this order the learned S. D. J. M. allowed a maintenance petition under Section 125, Cr. P. C. filed by Sarama Halder (wife of the present revisional applicant) and directed the revisional applicant (opposite party in that case) to pay maintenance to the petitioner at the rate of Rs. 400/- per month. In this revisional application the appellant/husband has prayed for an order setting aside the impugned order of the S. D. J. M. on the ground that the same is illegal and unsustainable.

( 2 ) THE relationship of husband and wife between the parties is undisputed. Admittedly, the applicant married the respondent-Sara ma, according to Hindu rites. The case of the petitioner-wife before the learned Magistrate was that the opposite party-husband used to press her for fetching money from her father but her father being a poor man and unable to meet the demand, her husband and her in-laws used to torture her in various ways including