JANAK KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Arh'cle 226 of the Constitution of India raises a question of the interpretation of the Passports Act, 1967 (herein called the Act).

(2.) Petitioner No. 1 married respondent No. 3 somotirnes in February, 1962. After marriage the husband respondent No. 3 went toUSA. Petitioner No. 1 also went and statyed with her husband for about six months there Subsequently petitioner No. 1 came back to India and adaughter (petitioner No.2)was born to her in 1963 Respondent No. 3, husband continued to live in USA.. till 1970 when he came to India,

(3.) On 15th February, 1971 petitioner No. 1 obtained order under Section 488 of the Code of Criminal Procedure (hereinafter to be called the code) wherein she was awarded maintenance at the rate of Rs. 500p.m being Rs. 350.00 for petitioner No. 1 and Rs 150.00 for the petitioner No. 2 This order, was confirmed by the magistrate on 23rd October, 1971.