S. BARMAN, J.

( 1 ) THE defendant husband is the petitioner in this Civil Revision directed against an order passed by the learned Subordinate Judge, Berhampur, allowing the plaintiff wife, as interim maintenance, a consolidated amount of Rs. 30/- on the petition to her suit against her husband, the defendant, for separate maintenance on the allegation that the defendant husband was cruel to her and that she had to abandon her husband's house and put up in the house of her maternal uncle. The said application for interim maintenance was opposed by the husband, on the ground that she was not entitled to such separate maintenance as she, of her own choice deserted him. The learned Subordinate Judge, however, on the basis of the admitted position that the plaintiff is the wife of the defendant and now living separate from her husband made an order for interim maintenance as aforesaid. Hence this revision.

( 2 ) MR. L. K. Das Gupta, learned counsel appearing for the husband defendant (petitioner before this Court) contended that the wife is not entitled to separate maintenance and so the court should not grant interim maintenance. In order that wife may be entitled to separate mainte