(1.) THIS revision is preferred against an order under Section 488, Code of Criminal Procedure directing the Petitioner to pay maintenance to his wife, the opposite party.
(2.) THE opposite party, the admitted wife of the Petitioner, instituted this proceeding under Section 488, Code of Criminal Procedure for realising maintenance from the Petitioner. In a previous proceeding under Section 488 , Code of Criminal Procedure initiated by the opposite party against her husband, the Petitioner, a compromise was effected between them on 20 -12 -1966. Therein the parties agreed to stay together in peace and amity as husband and wife, but it was expressly agreed between them that if in future the husband creates any such difficulty for the wife or the wife is driven out of the house without any satisfactory reason, the husband would be found to pay Rs. 40/ - per month, or the equivalent therefor, towards the maintenance of the wife. The wife, opposite party herein, filed the present petition as she was again driven out of the house and was not given food and shelter by her husband inspite of the aforesaid compromise arrived at in 1966.
(3.) IN this case, however, there is ample proof of neglect and/or refusal, by the husband, the Petitioner, to maintain the opposite party, his admitted wife. There was a previous proceeding under Section 488, Code of Criminal Procedure against the Petitioner on the opposite party 's allegation that her husband, after taking a second wife, ill -treated and turned her out of his house, and the said proceeding ended in a compromise between the parties, as the husband agreed to maintain her in peace and amity. In the present case she deposed to the effect that only about a month after the aforesaid compromise her husband, the Petitioner herein, quarrelled with her, did not give her feed and shelter and drove her out of his house. Her evidence on this aspect has not been successfully assailed. Thus, the elements of 'neglect or refuel ' as per Sub -section (1) of Section 488, Code of Criminal Procedure have also been established in this case.