( 1 ) THIS Revision Application arises out of proceedings instituted under sub-sec. (3) of sec. 488 of the Code of Criminal Procedure.

( 2 ) THE facts of the case briefly stated are as under. The petitioner before me is the husband and the opponent No. 1 is his wife. The wife filed Miscellaneous Application No. 4 of 1967 in the Court of the learned Judicial Magistrate First Class Baria against her husband for maintenance. The learned Magistrate decided that application and ordered the husband to pay to his wife a sum of Rs. 45/per month for her maintenance and for the maintenance of their two children. It a pears that for sometime the husband paid the amount to the wife. With effect from 11th November 1967 he dip not pay maintenance to his wife in terms of the order made by the learned Magistrate. He ran into arrears from 11th November 1967 to 10th March 1970 for a period of 28 months. The arrears amounted to Rs. 1. 60. 00. Therefore the wife filed the present application under subsec. (3) of sec. 488 of the Code of Criminal Procedure for enforcement of the said order of maintenance and to recover the aforesaid sum of Rs. 1260. 00. The learned Magistrate issued notic