AGARWALA, J. - (1.) THIS is a reference made by the Additional Sessions Judge of Kumaun recommending that the order of a learned Magistrate directing Pandit Punn Deb applicant to pay cash maintenance at the rate of Rs. 10 per month to his wife Sm. Bishnuli under Section 489, Criminal Procedure Code, be set aside and Sm. Bishnuli be directed to seek her remedy in the civil Court.
(2.) THE facts of the case, briefly, are as follows : Sm. Bishnuli is the Dhanit wife of Pandit Punn Deb of Naugaon Mirayee Patti Walla Gewar, Tahsil Ranikhet District Almora. On 8th January 1944, she made an application under Section 488, Criminal Procedure Code, claiming maintenance from her husband. There was a compromise between the parties in the course of these proceedings whereby Pandit Punn Deb agreed that he would give to Sm. Bishnuli a house to live in and half of a certain piece of land by way of maintenance for her and for her son. In accordance with this compromise, the Magistrate passed an order on 4th April 1944 directing Pandit Punn Deb to give the land to her by way of maintenance.
(3.) IT appears that Pandit Punn Deb did not abide by the terms of the compromise with the result that Sm. Bishnuli had to file another application in which she prayed that Pandit Punn Deb be ordered to comply with the previous order passed on the basis of the compromise. Punn Deb was ordered to comply with the previous order within fifteen days of the date of the order. This order is dated 15th December 1944. Again there was trouble. Pd. Punn Deb cut away the crops of the field allowed to Sm. Bishnuli. Sm. Bishnuli then filed a civil Suit No. 38/132 of 1946 in the Court of the Additional Civil Judge, Ranikhet on 20th July 1946, claiming Rs. 100 as damages on the allegations that Pandit Punn Deb had forcibly removed the crops of the field. The civil Court held that she had failed to prove that she had cultivated the land and dismissed her suit. Sm. Bishnuli then filed the application which has given rise to the present proceedings under Section 489, Criminal Procedure Code, on 1st May 1947. She prayed that the order dated 4th April 1944, be modified and that she may be allowed cash maintenance as she was not being allowed to cultivate the plots which were given to her.;