MOHANLAL MAGANLAL Vs. SAVITABEN ALIAS SHANTABEN

JUDGEMENT

(1.) This revision application arises out of an order passed by the Judicial Magistrate First Class II Court Surat under sec 488 Cr. P. C. allowing maintenance to a wife and a child. In revision two points are urged. Firstly it is contended that sub-sec. (4) of the sec. 488 Cr. P. C. has not been considered by the learned Magistrate. The sub-section reads as follows :-

(2.) It is contended that the wife has refused to live with her husband without any sufficient reason although the husband has offered to take the wife provided she behaves well. An offer by the husband to keep the wife may be made before the application is filed. It may be made after the application is filed and before the order is passed. It may be made after the order is passed and during the enforcement of the order. It may be a conditional offer or it may be an unconditional offer. It may be bona fide or it may not be a bona fide offer. The offer can also be-made after the order is passed and such a contingency is contemplated in sub-sec. (3) of sec. 488 Cr. P. C.

(3.) In the present case however the offer was made in the letter dated 17-5-63 while the application for maintenance was filed on 10-6-63. Reference to this offer is also contained in the evidence. In the evidence the husband has deposed as follows :-