ABDUL HAMID SADIQ Vs. BIBI ASHRAFUNNISSA

JUDGEMENT

(1.) The opposite party has filed an application under Section 488 of the Code of Criminal Procedure before the Subdivisional Magistrate at Motihari. Her case is that she was married to the petitioner at Motihari, that she went to live with him at Darbhanga, and that thereafter he came and lived with her at her father's house in Motihari for about ten flays. The petitioner raised the objection that the Motihari Court had no jurisdiction under Sub-section (8) of Section 488 of the Code to decide the case. The learned Magistrate ordered that this matter would be considered after evidence had been adduced. This application has been filed against that order.

(2.) Mr. Sarwar Ali, who has appeared on behalf of the petitioner, has argued that the words used in Section 488 (8) connote some amount of continuity or, in other words, an intention on the part of the couple to reside at a particular place indefinitely they can be held to have resided at that place (sic). I read Sub-section (8) of Section 488:

(3.) Another point which Mr, Sarvvar Ali has raised is that the petitioner has filed a title suit for a declaration that the opposite party is not his legally-married wife; and he has prayed that the proceeding under section 488 should be stayed during the pendency of the suit. The opposite party wants maintenance in this proceeding. The suit and, after it is concluded, the appeal, etc., are likely to take a long time, The opposite party cannot be allowed to be completely without maintenance for all that time. In my opinion, therefore, this proceeding ought not to be stayed. On the other hand, I direct that the learned Magistrate will proceed to dispose of this proceeding as quickly as possible.