CHARAN DASS Vs. SHEELA DEVI

JUDGEMENT

(1.) THIS reference under Section 436 of Criminal Procedure Code is received on the recommendation made by learned Sessions Judge, Jammu vide his order dated 6th February. 1998. By means of said order its has been recommended by the revisional court below for setting aside the order of interim maintenance passed by the trial Magistrate on 9.12.1997 being legally infirm.

(2.) I have heard Mr. Khajuria, learned counsel appearing for the petitioner in support of this reference as well as Shri Babu Ram Sharma, learned counsel appearing for respondent, who opposed the reference made by learned Sessions Judge, Jammu and have also examined the records of the trial court with the assistance of learned counsel appearing for the parties.

(3.) ACCORDING to Sh. Khajuria his client has neither neglected nor refused to maintain the respondent wife who infact, was residing under the same roof with her husband petitioner. Thus no case has been made out for invoking Section 486 Cr. P.C. by the respondent wife. An attempt was made by Shri Khajuria to refer to proviso of this Section for accepting the reference in to. On the other hand learned counsel appearing for the respondent wife opposed the submissions made on behalf of the petitioner and further urged that the revisional court below had fallen into error while making the recommendation in question to this court. Not only this, but according to learned counsel for the respondent wife there is ample material to prima facie show that petitioner has willfully neglected as well as refused to maintain the respondent and thus she is entitled to the maintenance claimed, both in the main case as well as in the application for grant of interim maintenance. Reliance was placed in support of this plea for the grant of interim maintenance on AIR 1986 SC 984 "Smt. Savitri Petitioner vs Sh. Govind Singh Rawat, Respondent".