1. This revisional application is directed against an order dated 29-11-1980 passed by the learned Judicial Magistrate, Suri in Misc. Case No. 27 of 1975 granting maintenance allowance at Rs. 75/- per month to the opposite party in a proceeding under Section 125 of the Criminal P.C., 1973.

2. The opposite party applied under Section 125 of the Code before the learned Magistrate alleging that she was married to the petitioner on 16th Magh 1373 B. S. according to Hindu rites and had a son out of the wedlock who died soon after birth, that as she did not give birth to any child thereafter, she was ill-treated by her husband and mother-in-law that ultimately on 1st Bhadra 1379 B. S. she was taken by her husband to her parent's house and left there, that thereafter the husband did not attempt to take her to his house or arrange for her maintenance, and that he has married again one Lakhmi Dassi. It was further alleged that the opposite party had no means to maintain herself and that her husband had sufficient properly and income to pay her maintenance allowance at Rupees 100/- per month.

3. The petitioner husband contested the application alleging that the wife left his house wit