This is an application in revision made by the petitioner, who is (he husband, against the order passed by a first class Magistrate at Tinsukia in favour of the opposite party, Mrs. Anwara Begum, granting her maintenance allowance at the rate of Rs. 300/- per month under Section 125 of the Criminal Procedure Code of 1973 (hereinafter called 'the Code').

2. The material facts may be briefly stated thus:

The petitioner is a Senior Executive of the A.O.C. Refi­nery at Digboi. Mrs. Anwara Begum was married to him at Margherita in the year 1973. Both the pi sties are Musal-mans and governed by Muslim Personal Law.

The opposite party in her petition under Section 125 of the Code alleged that she lived with her husband for about 9 months during which time the marriage had been consumated. Thereafter the petitioner began to torture her and even used to beat her. Ultimately the petitioner drove her away whereupon she has been living with her father, who is a day labourer. She has alleged that the petitioner draws a salary of Rs. 3,500/- per month but inspite of that he has been neglecting her. So she prayed for grant of maintenance allowance at the rate of Rs. 500/- per month.

3. The