( 1 ) SHRIMATI Bimla Devi, wife of the applicant Bam Kishore, claimed maintenance from him. The magistrate awarded maintenance to her as well as her child, although the applicant had contested her claim. The applicant went up in revision, but his revision application was also dismissed. Bimla Devi then filed an application for the recovery of the arrears of maintenance which had been awarded to her and her son. Notice was issued to the applicant and he contested this application again on the grounds that Bimla Devi was refusing to live with him without sufficient reason and was living in adultery. He therefore, prayed that Bimla Devis prayer should be rejected and no distress warrant should be issued against him.

( 2 ) THE learned Magistrate came to the conclusion that the objection filed by the applicant was mala fide and was lodged only to delay the execution of the order passed against him. It may be mentioned here that the applicant had not taken the plea of his wifes adultery when the main case was contested. The Magistrate also held that even if it foe accepted that Bimla Devi is living in adultery, there was no justification for not paying the maintenance legally a