1. This Rule is directed against an order dated 29th October, 1976 passed by the Judicial Magistrate, Asansol in Misc. Case No. 100 of 1974 awarding a sum of Rs. 100/- as maintenance to the opposite party wife and Rs. 50/- per month for the child. The petitioner husband has challenged the validity of his marriage with the opposite party. The learned Magistrate went into evidence adduced by the opposite party wife, i. e., her oral evidence together with Exhibit 2 which is a certificate of Registration of their marriage under the Hindu Law and also Exhibit 1 which is an agreement executed by the parties affirming the marriage. The wife, opposite party claimed maintenance on the ground that she was treated in a cruel manner by the husband who was in the habit of beating her and being unable to endure such behaviour she went to live with parents in 1974. The opposite party did not care to pay anything towards maintenance of the opposite party and her minor child. The learned Magistrate also found that the petitioner was earning Rs. 480/- per month and the parties belonged to lower middle class in social status and accordingly he awarded maintenance at the rate stated above.

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