JUDGMENT S.R. Bhargava, J. - The opposite party, who is the husband of the revisionist has not filed counter affidavit. 2. Heard learned counsel for the opposite party. Unfortunately the revisionist is not present and the case cannot be decided on merit in his absence. It was pointed out by the learned counsel for the opposite party that by a compromise, Civil Court has already granted the decree of Judicial Separation and has granted maintenance to the revisionist. If that be so the opposite party should apply to the Magistrate for cancellation of the maintenance allowance under Section 127 Cr. P.C. It was then urged, on behalf of the opposite party that the opposite party cannot be compelled to pay maintenance allowance because under the compromise decree, maintenance has already been granted. If the husband opposite party has paid maintenance, in accordance with the decree of the Civil Court, that should be taken into account by Magistrate in recovery proceeding. But at this stage, it cannot be said that the revision filed, in respect of the amount awarded by the Lower re visional Court is not maintainable. Hence application is dismissed. 3. A copy of this order be issued to the counsel for the opposite party on payment of usual charges within 48 hours.