( 1. ) THE applicant-husband, being aggrieved by the trial Magistrates Order dated 2-9-78, passed under Section 125 (3) of the Cr. P. C. directing his imprisonment for a period of 12 months due to his default in payment of maintenance amount, has preferred the revision against the same,

( 2. ) CONSEQUENT to the Magistrates Order dated 10-1-76 granting monthly maintenance to the non-applicant wife and the child, at the rate of Rs. 150/-in total, from the date of the application for maintenance, the non-applicant wife moved the Court for enforcement of the maintenance Order in the matter of recovery of the arrears of maintenance amount of Rs. 3,000/ -. The applicant husband, after avoiding his appearance for long, finally appeared and apprised the Court that he did not want to pay any maintenance amount and nor would he pay the same, (see Order-sheet dated 30-9-77 ). Considering the recalcitrant attitude of the applicant-husband, the learned Magistrate, vide the Order impugned before me. sentenced the applicant-husband to imprisonment for a period of 12 months for his default in making the payment. Hence now, the present revision.

( 3. ) THE learned Counsel for the applicant