SHANKAR DEO NIGAM Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS is a reference by Civil and Sessions Judge, Lucknow, recommending that the order dated 28-11-1969 passed by Sri S. M. Abbas, a Magistrate of the First Class, Lucknow, in Criminal Case No. 51 of 1969 under Section 488, Criminal P. C. be modified to be effective only for a sum of Rs. 480/ -. Criminal Revision No. 184 of 1971 has been filed by Smt. Savitri Devi opposing the reference,

(2.) THE relevant facts giving rise to this reference are that Smt. Savitri Devi filed an application under Section 488 of the Code of Criminal Procedure for maintenance against her husband Shanker Deo Nigam, and on 19-12-1966 the Magistrate directed Shanker Deo Nigam to pay the allowance at the rate of Rs. 40/- per mensem effective from the date of the order. On 26-2-1969 Smt. Savitri Devi applied for execution of the order in the Court of Sri S. M. Abbas that her husband had paid her nothing towards her maintenance since the date of the order and prayed that the order for maintenance be enforced against her husband. She had claimed a sum of Rupees 1,040/- towards maintenance and Rs. 100/- as costs of the case.

(3.) THIS application was contested by Shanker Deo Nigam and his objection was two fold : It was alleged firstly that he and Smt. Savitri Devi had compromised the matter between them since the order granting maintenance and after that compromise the maintenance order passed against him had spent itself and had become nonexistent and secondly that the order was not enforcible as barred by limitation.