PUNNUSWAMY Vs. MT. ALMELU BAI

JUDGEMENT

(1.) 1. Almelubai is the wife of a Punnuswami. This lady presented an application on 10th August 1928 in the Court of Mr. Rizve, Sub-Divisional Magistrate, Dhamtari, claiming maintenance allowance from her husband. She was examined on affirmation on the same day and a notice issued to the husband to show cause against the application. At the next hearing on 3rd September 1928 (carelessly put down in the order sheet as 3rd August 1928), the husband appeared and filed a written statement. Both the husband and wife were further examined on this date and the case was closed for orders to be pronounced on 4th September 1928. When the pleader for the husband appeared and wished to argue the case and file some documents but the learned Sub-Divisional Magistrate ruled him out and passed an order under Section 488, Criminal P.C., against the husband to pay Rs. 15 per month to the wife.

(2.) THE husband filed a revision against the aforesaid order in the Court of the Sessions Judge, Raipur, who has referred the case under Section 438, Criminal P.C.; with a recommendation that the procedure adopted by the Sub-Divisional Magistrate being highly irregular, it has prejudiced the husband seriously and that a retrial should, therefore, be ordered by this Court.