Burn, J.

1. This is an application to revise the order passed by the learned Sub-Divisional Magistrate of Chandragiri on the 29th October, 1939, on an application made to him on the 28th October, 1939, on behalf of the petitioner. The petitioner is the husband of a woman named Akkulamma in whose favour the learned Joint Magistrate passed an order in M.C. No. 104 of 1938 on the 7th February, 1939, directing this petitioner to pay his wife Rs. 3-8-0 per mensem as maintenance under Section 488, Criminal Procedure Code. The petitioner did not pay in accordance with that order. Before she could enforce the order, the petitioner filed a suit O.S. No. 128 of 1939 in the Court of the District Munsif of Tirupati and obtained an interim injunction restraining his wife from enforcing the order for maintenance. The injunction was in force until 21st July, 1939. On that date, the interim injunction was vacated and the petitioners wife on the 24th July, 1939, applied to the joint Magistrate to direct this petitioner to pay Rs. 17-8-0 being the arrears for five months. The learned Joint Magistrate issued a distress warrant and as the money was not realised, he gave notice to the petitioner wh