This is an application under Section 401 of the Cede of Criminal Procedure and is directed against an order passed by the Sub-Divisional Judicial Magistrate, Hailakandi, ejecting an application for maintenance filed by the petitioner (wife) under Section 125 of the Criminal Procedure Code, 1973 (hereinafter 'the new Code'). The material facts are these :

2. The petitioner's case is that she was married by the opposite party (husband) about 3 (three) years ago. They lived as husband and wife for about three months whereafter the husband abandoned and neglected her. She was not provided with any maintenance and was passing her days in penury. She prayed for maintenance of Rs. 150/- per month from the husband.

3. The opposite party filed a written statement and con­tested the petitioner's application. He admitted the marriage, but his plea was that he divorced the petitioner on 12.4.1972 by executing a talaqnama. He further pleaded that he paid the dower money to the petitioner.

4. The Magistrate found that petitioner had been divo­rced by the opposite party. He held that as the petitioner had been divorced before the coming into operation of the new Code, she was not entitl