( 1 ) THE revisional application under section 482 of the Code of Criminal procedure (hereinafter called the Code) has been filed by the petitioner praying for quashing the proceeding being Misc. Execution Case No. 40 of 1999 now pending in the Court of the learned Judicial Magistrate, 2nd Court, Uluberia and all orders passed therein.

( 2 ) MR. Siladitya Sanyal, the learned advocate appearing for the petitioner submitted that the O. P. No. 2 filed an application under sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce)Act (hereinafter called the Act) before the then learned Sub-Divisional judicial Magistrate (in short the SDJM), Uluberia which was registered as Misc. Case No. 117 of 1996. The Misc. Case was allowed ex parte on 15. 9. 98 and the learned Magistrate directed the petitioner to pay rs. 1500/- per month to the divorced wife O. P. as maintenance for the "iddat" period and further directed to pay 1186 chandi' to her. It was further directed by the learned Magistrate to pay the said 'chandi' and maintenance for the 'iddat' period within 10 equal instalments. The petitioner being very poor and devoid of any means could not make the aforesaid payment for

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