( 1 ) THIS matter arises out of an application filed under sec. 127 (3) of the Code of Criminal Procedure 1973 (hereafter referred to as the Code) and raises an interesting question of general importance. The matter has been referred to the Division Bench by our learned brother A. D. Desai J. The facts may now be stated.

( 2 ) PETITIONER No. 1 in this application is divorced wife of opposite party No. 1 and petitioner No. 2 is their daughter. The parties are Mohmedans. The wife filed Misc. Criminal Application No. 313 of 1974 before the learned Judicial Magistrate First Class Bhavnagar under sec. 125 of the Code for monthly allowance both in respect of herself and her minor daughter petitioner No. 2 for the purpose of their main- tenance. In this application the learned Magistrate by his order dated August 20 1975 fixed monthly allowance for the wife at Rs. 50. 00 and that for the daughter at Rs. 25. 00. It was awarded from the date of the application. Thereafter the wife had to file Misc. Criminal Application No. 293 of 1975 for recovery of arrears of maintenance of Rs. 765. 00 from 9 to 5-11-1975. The husband as against this application filed Misc. Criminal Applica