S.S.SANDHAWALIA, J.

1. Whether it is obligatory for a Magistrate under Section 127(2) of the Code of Criminal Procedure, 1973, to cancel or vary an earlier order of maintenance under S.125 of the said Code strictly in accordance with the judgement of a competent civil Court specifically on the issue of maintenance, is the meaningful question which has necessitated this reference to the Division Bench.

2. The facts disclose a long history of matrimonial discord betwixt the petitioner-husband and the respondent-wife They were married more than 25 years ago and even way back in 1960, a petition under Section 10 of the Hindu Marriage Act claiming a decree of judicial separation was filed by the petitioner-husband, which was, however, dismissed on September 27, 1963. Later, in the year 1965, the respondent-wife preferred an application for maintenance under Section 488 of the old Code of Criminal Procedure, which was allowed and a monthly maintenance allowance of Rs. 50 was ordered on the 25th of June, 1965. Feeling dissatisfied later with the quantum of maintenance the respondent-wife moved an application for enhancement thereof, but she did not meet with any success in