( 1 ) THIS is a revision petition filed by the husband the opponent in Miscellaneous Application No. 9 of 1969 against his wife the petitioner in that case against the order passed by the learned City Magistrate 5 Court Ahmedabad. directing him to pay Rs. 100/per month with effect from 29-1-1969 the date of application towards her maintenance and to pay Rs. 100/by way of costs to the wife. It was a proceeding taken out by the wife against her husband for maintenance under sec. 488 of the Criminal Procedure Code on the ground that she was the legally wedded wife and her husband had neglected and/or refused to maintain her.

( 2 ) THE marriage between the parties took place sometime in the year 1942 A. D. as mentioned in the agreement Ex. 4 dated 16-1-1965. During that wed-lock one son named Sukhdev was born who has now become major. As the husband was illtreating the wife and further more he had kept a mistress named Pushpa Lilaram she had started residing separately under an agreement whereby the husband had agreed to pay Rs. 100/per month to her by way of maintenance. That agreement was executed on a stamp paper and the husband had agreed to send Rs. 100/every month