( 1 ) IN this criminal revision un- der sections 135 and 438 of the Criminal Procedure Code, the legality of the order of the learned Sub-Divisional Magistrate, Delhi, dated 6th May, 1967 is challenged.

( 2 ) IT appears that Smt. Sheila Rani presented an application under section 488, Cr. P. C. , for maintenance against her husband Shri Chander Parkash on the ground that she had been turned out of the house by her husband, who failed and neglected to maintain her. The parties were married and stayed together for some time and a child was also born from this wedlock. According to the wife, her husband was keeping with him his step-mother and it was mainly on this ground that he was usually cross with his wife and used to beat her on occasions.

( 3 ) THE faetum of marriage was admitted by the husband and he also expressed his willingness to maintain his wife provided she lived with him. In the evidence, the wife deposed that the husband was having a liason with his step-mother and the husband also in turn made a counter-allegation in the evidence against his wife of her having illicit relations with one Som Nath. The allegation of beating his wife was denied by the husband.