GH NABI SHEIKH Vs. NOORI

JUDGEMENT

(1.) THIS is a reference by the learned Additional Sessions Judge, Srinagar, recommending that the joint award of Rs. 25 p. m. made by the Munsiff Judicial Magistrate, Magam, in favour of Mst. Noori and her infant daughter from Ghulam Nabi Sheikh under section 488 of the Code of Criminal Procedure, hereinafter referred to as Ëœthe Codeâ„¢, be suitably apportioned between them.

(2.) MR . Tassadiq Hussain appearing for Ghulam Nabi sheikh has urged three points before me : (1) that no award of maintenance could be made in favour of Mst Noori as according to the finding of the trial court itself she was able to maintain herself ; (2) that the composite award of maintenance allowance in favour of Mst Noori and her daughter could not be made ; and (3) that the direction given by the trial court for payment of maintenance allowance from the date of the institution of the application under section 488 of the Code was not justified. So far as the first two contentions are concerned I find considerable force in them.

(3.) IT is now well settled that the object of section 488 Cr. P. C. is to prevent vagrancy by compelling the husband or the father to support his wife or child who is unable to support herself or itself. If the wife or the child can maintain herself or itself with her or his own resources, it is open to the Court not to grant them anything by way of allowance. Reference in this connection may be made to the decision of Kerala High Court in P. T. Ramankutty Achan Vs. Kalyanikutty A. I. R. 1971 Ker. 22 where this view was reiterated after an exhaustive review of the case law, bearing on the point.