On a difference of opinion between Mr. Justice A. K. De and Mr. Justice R. Bhattacharya, in Criminal Revision No. 443 of 1972 the case along with the divided opinions, was laid before this Bench for appropriate orders under section 439 (1) read with section 429 of the Code of Criminal Procedure.

2. The facts leading on to the reference are short and simple. Two applications under section 488 of the Code of Criminal Procedure were filed by the first party, Sueba Khatoon, before the learned Presidency Magistrate, 12th Court, Calcutta, against the second party, Md. Qumruddin for maintenance. The first one was for maintenance of herself as the wife and the other one for her child. On 18.8.1971 the learned Presidency Magistrate allowed both the prayers and passed an order of maintenance of Rs. 20/- per month for the wife and of Rs. 15/- for the child. Later on upon an application moved before the High Court, the monthly maintenance was increased to Rs, 30/- in the case of the wife and Rs. 20/in the case of the child. On 25.8.1971 the second party filed an application under section 488 (5) of the Code of Criminal Procedure for cancellation of the order passed on 18.8.1971 on the