This revision is filed by the husband of the 1st respondent against the order of the IV Metropolitan Magistrate awarding a maintenance of Rs. 150 to the wife and Rs. 100 to her son. The wife filed an application under section 488, Criminal Procedure Code (old Code) against her husband alleging that he has neglected to maintain her.

2. The first respondent-wife was married to the petitioner on 5th July, 1965. Their marital life was not happy even though two children were born out of the wedlock. The first respondent was subjected to ill-treatment by her mother-in-law and sometimes she was beaten by her. The first respondent left the house on 22nd September, 1973 unable to bear the cruel treatment. The petitioner resisted the application filed by the wife and contended that he was always willing to take her back and live with her, but the first respondent persisted in living with her parents and did not want to give him the consortium. On the evidence adduced before him, the Magistrate found that the first respondent has been neglected by her husband for number of years and granted the maintenance as stated above, even though it was brought to his notice that an application