1. The petitioner is the husband of the opposite party. He has come to this Court challenging validity of the order passed on 30- 5-81 under S. 126(2), Cr. P.C. by which his application for setting aside the ex parte order of maintenance passed under S. 125 at the behest of his wife, the opposite party was rejected. On 4-4-80 learned Magistrate heard the case ex parte and ordered the husband to pay maintenance at the rate of Rs. 100/- to the wife and Rs. 50/- to the minor daughter from the date of filing of the application. He also directed that the petitioner should pay the arrear in two equal instalments.

2. The application for maintenance was filed on 6-4-79 wherein the opposite party claimed that she was the legally married wife of the petitioner and during their wedlock she gave birth to a female child who was at that time one year old. She alleged that the petitioner had driven her out and has neglected to maintain her and the minor daughter. She also stated that the petitioner was drawing a monthly salary of Rs. 450/- and she was entitled to maintenance at the rate of Rs. 150/- for herself and Rs. 50/- for the minor daughter. On 5-6-79 an application was filed on be