JUDGMENT :

K.P. Mohapatra, J. - This revision is directed against the order passed by the learned Sub-Divisional Judicial Magistrate, Bhadrak, refusing to set aside the ex parte order of maintenance passed against the petitioner and in favour of the opposite party.

2. A few fact may be stated. The opposite party filed a petition u/s 125 of the Code of Criminal Procedure ('Code' for short) against the petitioner on 6-1-1983 in the court of the learned Sub-Divisional Judicial Magistrate, Bhadrak, alleging that while the latter was serving as Sub-Inspector of Police at Banta Police Station of Balasore district he married her in the month of Baishakh, 1970 according to the religious customs and thereafter they lived together and consummated the marriage. A daughter was also born of the wedlock on 15-6-1973. Some time later she came to her parent's house on a visit and as she could not return in time, the petitioner drove her out of the house. Since then she is living in her parent's house along with her daughter. She claimed maintenance of Rs. 300/- per month for herself, as well as for her daughter.

3. According to the orders passed by the learned Judicial Magistrate, it appears that not