DEVIDEN CHENAJI Vs. MANKIBAI DEVIDEEN

JUDGEMENT

(1.) FOR disposing of this reference it is necessary to give out the facts which are not disputed.

(2.) AN application was made by Nankibai w/o. Devidelen under Section 488, Criminal P. C. An order for maintenance was passed some time in 1953 (31. 7. 53) for payment of Rs. 14 per month to her. On the basis of this order payments were made by the husband for some months but he soon made some defaults. So an application was made by Nankibai on 26. 7. 59 for recovery of arrears due then. This application was resisted by the husband on various grounds including his offer to maintain his wife on condition of her living with him and also his inability to pay the maintenance amount. The matter dragged on for a long time and ultimately this application was decided against the husband on 25. 2. 59. In the said order recovery for the seven months which was due on the date of the application was passed. A fresh application was moved on 11. 6. 59 but the same was dismissed for default on 21. 7. 59. Nankibai however made further application on 22. 8. 59 for recovery of the arrears of maintenance till then and also granting maintenance allowance pendent lite. This application was granted by the Magistrate who ordered Devideen to pay sums of Rs. 490 and Rs. 364 for the period covering up to 27. 7. 61. The Magistrate also ordered in case default is made by the husband Nankibai should move the Court to take proper steps.

(3.) THE husband Devideen filed an application before the Sessions Court against this order. The Sessions Judge is of the view that Nankibai is not entitle to arrears for the period in excess of one year preceding the date of the application viz. 22. 8. 59. He therefore recommended for revising the order of the Magistrate accordingly.