(1.) This reference by the Additional Sessions Judge, Patiala arises out of maintenance proceedings taken under Section 488, Code of Criminal Procedure.
(2.) Mt. Sant Kaur and her two minor daughters were given Rs. 25/- per month as consolidated maintenance by the Magistrate on her application under Section 488, Code of Criminal Procedure Against this order her husband submitted revision petition before the Additional Sessions Judge, Patiala. The learned Judge recommends that the order of giving Rs. 25/- per mensem as consolidated amount is illegal and therefore should be set aside. He, however, is of the view that the order of the Magistrate awarding the amount is proper and legal. His recommendation precisely is that the case be sent back to the Magistrate with the direction that he should separately specify the sum of maintenance for all the three persons namely Sant Kaur and her two daughters. The Respondent Mt. Sant Kaur being poor could not engage a counsel. I asked Section Dara Singh and the Advocate General to assist me in the decision of the legal point involved in the case. Section Dara Singh has produced an authority of the Bombay High Court in support of the fact that this Court under Section 561-A, Code of Criminal Procedure is competent to amend the order. Learned Counsel for the opposite side did not cite any authority to the contrary. In re Kalvantibai, KALAVANTIBAI TEKCHAND BHAVANI V/S STATE, 1953 AIR(Bom) 366 (A) the learned Judge in a similar case observed: