JUDGMENT :

B.N. Dash, J. - In this revision u/s 115 of the Civil Procedure Code, 1908 (for short "the Code') the petitioner-husband has assailed the order of the learned Subordinate Judge, Balasore granting interim maintenance at the rate of Rs. 500/- per month to the opposite party-wife.

2. Admittedly, the opposite party Sabatun Bibi (hereinafter referred to as 'the wife') and the petitioner Gafur Saha (hereinafter referred to as 'the husband') are Muslims, being of Hanafi School of Sunni sect. The wife, as plaintiff, instituted a suit for maintenance in the Court of the Subordinate Judge, Balasore claiming maintenance at the rate of Rs. 500/- per month from the husband together with a petition u/s 18-A of the Court Fees Act praying for exemption from payment of Court fees. Before the suit was admitted, the wife filed a petition in Misc. Case No. 77 of 1990 claiming interim maintenance of Rs. 500/- per month from the husband alleging that the latter while living with another lady was not maintaining her and her three minor children born through him, despite being possessed of sufficient means. The husband filed a counter alleging that on 1-8-1990 he had divorced the wife as per thei