This is a revision by the husband in proceedings under Section 488 of the Code of Criminal Procedure (hereinafter referred to as the Code).

2. The material facts giving rise to this revision are that on the basis of an application filed by opposite party Srimati Parbati, the learned Sub-Divisional Magistrate, Khair, Aligarh passed an ex parte order directing the applicant to pay Rs. 100/- per month as maintenance allowance to her. This order the learned Magistrate apparently passed under the proviso to Section 488(6) of the Code. On the 26th of March, 1970, an application was made by the applicant before the learned Magistrate praying that the ex parte order dated 16th October, 1969, be set aside, the case restored to its original number and decided after giving the applicant an opportunity of contesting the claim put forfard by opposite party No. 2. This application was dismissed by the learned Magistrate for default of appearance of the applicant on 8th June, 1970. On the same date the applicant filed a second application praying for the same relief. In the second application it was disclosed that the earlier one had been dismissed by the learned Magistrate for default of t