JUDGMENT : Barman, J. - This revision arises out of the wife's application for maintenance u/s 488 Code of Criminal Procedure. 2. This is an unfortunate case in which after five years of married life the wife had to leave her husband. A so and a daughter were born to them. The wife is now living in her father's house for the last four years. It also appears that the husband has married for the second time. I am told that the son is living with the husband. The learned Magistrate on these facts came to the finding that the husband to pay maintenance to the wife and the daughter. In the order under revision the learned Magistrate has fixed Rs. 25/- in all per month towards maintenance of the wife and the daughter from the date of the said order. 3. In this present petition, the wife has came to this Court in revision for an increase in the amount of maintenance ordered by the learned Magistrate on the ground that it is too inadequate. 4. The only question before this Court is to decide whether or not the quantum of maintenance allowed by the learned Magistrate was sufficient deciding this matter the Court has to take all the surrounding circumstances in to consideration, namely, the husband's conduct in relation to his wife and the children born out of the wedlock, his financial capacity pay and other circumstances. On the facts before me, I have no sympathy for the husband in view of his rash conduct in going for a second wife leaving his first wife with one son and one daughter born to them. This is a fit case for penalising such an irresponsible husband and the only way the Court can help in such circumstances is to compel the husband to pay a heavy premium for the luxury of a second wife. The punishment should be exemplary in order to have a deterrent effect on society. 5. As to the husband's capacity to pay, he has filed today a counter-affidavit dated February 3, 1959 showing his income. According to this affidavit, he has got 30.22 acres of land which he had got for his share under a deed of partition dated February 15, 1951 executed by his father. The gross annual income is stated to be Rs. 700/- at the present, market rate of Rs. According to this affidavit, he has got 30.22 acres of land which he had got for his share under a deed of partition dated February 15, 1951 executed by his father. The gross annual income is stated to be Rs. 700/- at the present, market rate of Rs. 8/- per maund. In order to show his inability to pay more as maintenance, he alleges that besides his first wife, he has a second wife and two children with him depending upon his sole income. 'This irresponsible husband has only to think himself for this state of things in the increase in the strength of his family dependent on him which arose out of his second marriage while his first wife was living. 6. It appears from records that the husband comes from a Gountia family which, according to the finding of the learned Magistrate, was rich. The very fact that there was a deed of partition by his father in February 1951 referred to in paragraph 2 of the husband's said counter-affidavit dated February 3, 1959, I am satisfied that this family has substantial landed interest. 7. In this background and having regard to the conduct of the husband and his capacity to pay, I am of opinion that a sum of Rs. 25/- per month as ordered by the learned Magistrate is too inadequate. I have heard Mr. S.N. Dasgupta, learned Counsel for the Petitioner, and Mr. R.N. Sinha, learned Counsel for the opposite party, on this point. I fix the maintenance at Rs. 32/- per month from October 7, 1958, being the date of the learned Magistrate's order, as the rate of monthly maintenance of the wife and the child living with her. This revision is accordingly allowed. Final Result : Allowed