1. Against an order dated September 9, 1977 passed by the Sub-Divisional Judicial Magistrate, Basirhat in a proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) directing the petitioner to pay a sum of Rs. 40 per month towards the maintenance of the wife opposite party and a further sum of Rs. 80 per month towards the maintenance of their daughter, the petitioner filed a re-visional application and by his order dated January 5, 1978 the Additional Sessions Judge, 12th Court, Alipore rejected the said application and upheld the order of the learned Magistrate. The petitioner thereafter filed an application for divorce under Section 13 of the Hindu Marriage Act and the same was registered as Matrimonial Suit No. 825 of 1977. The suit was transferred to the Third Court of the Additional District Judge, Alipore and was renumbered as Matrimonial Suit No. 19 of 1978. The suit was decreed ex parte on February 1, 1978 and the learned Judge declared that the marriage between the parties stood dissolved on ground of desertion of the petitioner-husband by the wife-opposite party. Thereafter the petitioner filed two applications in the C