1. This is to revise an order passed by the First Class Magistrate at Punaloor, under S.488 Crl. P. C., awarding maintenance to the wife and child of the revision petitioner, who may be referred to as the petitioner. The first point taken before me, that the wife had no justification to live separately from the petitioner, cannot be sustained, in view of the finding of fact based upon her testimony, that she had been subjected to cruel treatment by him.

2. The second point taken was, that the direction to the petitioner in the order sought to be revised, to pay a sum of Rs. 100/- in lieu of arrears of maintenance from the date of the petition till the date of the order, is opposed to the provisions of S.488 Crl. P. C. The petition for maintenance was filed on the 31st January, 1956, and the order was passed by the Magistrate on the 14th February, 1958. In making the direction aforesaid, the learned Magistrate expressed himself in these terms:

"Though maintenance could be allowed from the date of petition, I do not allow the full arrears because that would be a heavy burden on the counter-petitioner. But in view of the fact that the petitioner was maintaining the minor ch