( 1 ) THIS is a petition under section 482 of the Code of Criminal Procedure by the husband, Makdoom Ali, seeking to set aside the order dated 30th September, 1981 made by the Additional Sessions Judge as well as the order dated 6. 5. 1981 of the Metropolitan Magistrate.

( 2 ) THE petitioner, Makdoom Ali was the husband. Nargis Bano, respondent No. I was his wife. Now they are divorced. The husband has remarried. The wife has not. For the purposes of this case wife "includes a woman who has been divorced by or has obtained a divorce from her husband and has not married. " (Section 125 Gr. P. C. explanation C ). Asim Ali, respondent No. 2, is a child of the marriage. He is a boy nearly of four years of age.

( 3 ) THE wife made a petition to the Metropolitan Magistrate on 14th December, 1978 under section 125, Criminal Procedure Code. alleging that the husband had turned her out of the house on 10. 9. 1978 and that he was refusing and neglecting to maintain her and the child.

( 4 ) THE husband appeared before the metropolitan magistrate and then absented himself. On the evidence lead by the wife the magistrate was satisfied that the husband was neglecting to maintai