V. P. Mathur. J.

1. This revision is directed against the judgment and order passed by the Judicial Magistrate of Agra on 23-11-1983, whereby he has dismissed the objection raised by the applicant K.C. Saxena-husband of Vimlesh Kumari.

2. It appears that proceedings under the old provisions of section 488 CrPC (now section 125 CrPC) for maintenance were started at the instance of Vimlesh Kumari. She was granted an amount of maintenance by the Court below and then she moved an application for realisation of the same.

Against this application objections purporting to be under section 125 (4) CrPC were preferred by the husband K. C. Saxena. He also filed a separate petition purporting to be under section 125 (5) CrPC for cancellation of the order of the learned Magistrate granting maintenance to her on the ground that she was living in adultery. The learned Magistrate, vide, his order dated 23-11-1983 dismissed both these objections under section 125 (4) and under section 125 (5) CrPC holding that the husband had earlier filed a suit for dissolution of the marriage on the ground that the wife was living in adultery and this suit had been dismissed for default of the parties an