ORDER :- The opposite party Smt. Hukam Kaur filed an application under S. 488, Criminal P.C. against the applicant on the allegations that the applicant was her husband, that he was neglecting her and that she was entitled to get a monthly allowance from him for maintenance. The applicant denied to have married the opposite party. Parties led evidence and the learned Magistrate held that the marriage of the applicant with the opposite party has been established, that the applicant was neglecting the opposite party and, therefore, he was liable to pay her a maintenance at the rate of Rs. 15/- per month. On revision the learned Sessions Judge has referred the case with a recommendation that the order passed by the Magistrate be set aside, because, admittedly the opposite party's previous husband Brahma Pal was alive and, therefore, there could be no legal marriage between the opposite party and the applicant entitling the opposite party to receive any maintenance.

2. I have heard the learned counsel for the applicant. None appears on behalf of the opposite party.

3. The order of the Magistrate shows that the case of the opposite party was that her previous husband Brahma Pal w