MAHABIR AGARWALLA Vs. GITA ROY

JUDGEMENT

(1.) THIS Rule was issued upon the Chief Presidency Magistrate, Calcutta, to show cause why the proceedings Under Section 488 of the Code of Criminal Procedure pending in the court of a Presidency Magistrate, Calcutta, should not be quashed.

(2.) THE facts so far as is necessary for the disposal of this matter are as follows: On the 7th January, 1961, an application was made by the opposite party Gita Roy Under Section 488 of the Code of Criminal Procedure in the court of the Additional Chief Presidency Magistrate, Calcutta, praying for maintenance from her husband, the present petitioner, on the ground that having sufficient means he neglected and refused to maintain her. During the pendency of that case a child was born to her and she filed another application for maintenance of that child.

(3.) IT is contently by Mr. N. C. Bwrjee anoearing on behalf of the petitioner that the application Under Section 488 of the Code of Criminal Procedure is not maintainable in view of the provisions of Section 4(b) of the Hindu Adoptions and Maintenance Act, 1956 (No. 78 of 1956). Section 4 of the Act is quoted below: Save as otherwise expressly provided in this Act, (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease, to have effect with respect to any matter for which provision is made in this Act:(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.