BABU LAL Vs. SMT. RAM RATI

JUDGEMENT

(1.) This application in revision has been filed by one Babu Lal who was ordered by the City Magistrate Allahabad in a proceeding Under Sec. 488 Code of Criminal Procedure to pay Rs. 40/ - per month as maintenance allowance to his wife Smt. Ram Rati and whose revision application against the said order filed in the court of Session was rejected by the IInd. Additional Sessions Judge Allahabad.

(2.) The only contention raised in this Court by the Learned Counsel for the Applicant was that in view of Clause (b) of Sec. 4 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter called the Act) no proceeding could be taken against the Applicant Under Sec. 488 Code of Criminal Procedure. The Learned Counsel was faced with the decision of a learned single Judge of this Court in Ram Singh v/s. State and Anr. AIR 1963 Allahabad 355 which is clearly opposed to his contention, but he submitted that the view taken by the learned Judge in the above case is not correct.

(3.) Clause (b) of Sec. 4 of the Act says that save as otherwise expressly provided in the Act, any other law in force immediately before the commencement of the Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in the Act. The question, therefore, is whether Sec. 488 Code of Criminal Procedure is inconsistent with Sec. 18 of the Act which dealt with the right of a Hindu wife to be maintained by her husband.