JAMADAR PARMESHWARDIN SINGH Vs. SMT. BIDYA DEVI

JUDGEMENT

(1.) THE present petition arises out of the following circumstances. Srimati Bidya Debi the opposite party in the present petition, filed an application in the court of the Assistant to the Deputy Commissioner, Garo Hills, Tura against the petitioner under Section 488, Criminal Procedure Code, claiming Rs. 50/ - as maintenance for herself and Rs. 50/ - for the maintenance of the two daughters alleged to have been born out of the wedlock with the petitioner.

(2.) THE first point urged by Mr. Sen appearing for the petitioner is that the provisions of the Criminal Procedure Code are not applicable to the Garo Hills Autonomous District and thus no such power could be exercised in this area. He has secondly contended that the opposite party having been married to Kamal Singh, her marriage with the present petitioner was invalid in law and thus she could not claim any maintenance. The Magistrate was not right in holding that he should not go into the question of the validity of the marriage. Lastly it is urged that the court below in allowing the maintenance has not taken into consideration the income of the petitioner.

(3.) I have already pointed out that the Criminal Procedure Code does not apply to this area. That being so, the Assistant to the Deputy Commissioner, Garo Hills, Tura had no jurisdiction to entertain and dispose of application purporting to be one under Section 488, Criminal Procedure Code. Section 488, Criminal Procedure Code gives a summary jurisdiction to the Magistrates to grant maintenance to wives and children. The Chapter XXXVI of the Criminal Procedure Code elaborately lays down the procedure for disposal of such applications and for the enforcement of an order of maintenance. The power under Section 488, Criminal Procedure Code can be exercised by the District Magistrate, a Presidency Magistrate, a Sub -Divisional Magistrate or a Magistrate of the first class. The Assistant to the Deputy Commissioner does not come within the meaning of any of such Magistrates as defined tinder the Criminal Procedure Code. The magisterial powers may have been conferred on the Assistant to the Deputy Commissioner for trial of cases under the provisions of the Administration of Justice rules. But unless there is anything in the rules framed by the District Council, Garo Hills, giving power to the Assistant to the Deputy Commissioner to deal with applications purporting to be under Section 488, Criminal Procedure Code, the Assistant to the Deputy Commissioner had no power to entertain any such applications.