MEHRUNNISA Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) THIS criminal reference has come up before us on a reference made by D. D. Seth, J. as he thought that there was conflict between the opinions of Mulla, J. and Desai, J. , on the point involved in this case, as expressed by them in the cases of Ram Kishore v. Smt. Bimla Devi, AIR 1957 All 658 and Ramji Malviya v. Smt. Munni Devi. AIR 1959 All 767.

(2.) FACTS giving rise to this reference are that on 21st of June, 1960. the City Magistrate Allahabad made an order under Section 488 (1), Criminal P. C. directing Noor Mohammad (hereinafter referred to as the opposite party) to pay maintenance to his wife Smt. Mehrunnisa (hereinafter referred to as the applicant) at the rate of Rs. 40/-per month. The order was made on the finding that as the applicant became incapable of bearing children, opposite party ill-treated her and turned her out of his house. The applicant had sufficient reason to live away from her husband and the opposite party had sufficient means to maintain her, but he refused and neglected to do so.

(3.) THE opposite party filed an application in revision before the Sessions Judge, Allahabad and obtained a stay order on 16th October, 1966. The stay order was, however, vacated on 6th of May, 1967. A revision application was then filed before this Court, which was also dismissed on 8th November, 1967. In spite of the dismissal of revision applications the opposite party did not pay the maintenance allowance. The applicant therefore, moved an application dated 9th of January, 1968, under Section 488 (3) of Criminal P. C. praying that the salary of the opposite party be attached and he be arrested for recovering the arrears of maintenance due to her for the period 21st June, 1966 up to date.