This petition is to revise the order of the Court of the District Magistrate of Cochin in Miscellaneous Case No. 81 of 1122 directing the counter-petitioner in the case to pay a monthly allowance for the maintenance of his two minor children on the application presented to the court by their mother one Kamalakshi. The petitioner before this court is admittedly the father of the children. His marriage with Kamalakshi was dissolved by an order of the Civil Court on his application for the purpose filed under S. 7 (3) of the Cochin Thiyya Act (VII of 1107) Ext. A is the copy of the petition filed by him and Ext. B is the copy of the order of dissolution of marriage passed by the Court of the District Munsiff at Ernakulam. The application for maintenance filed under S. 389 of the Cochin Criminal Procedure Code was contested by him on the ground mainly that he was entitled to the custody of the children as he was their legal guardian and that he was not liable to maintain them so long as they remained with their mother Kamalakshi who lived an unchaste life. The learned District Magistrate found on the evidence that there was neglect or refusal on the part of the petitioner to mai