- (1.) THIS is a reference by the Second Additional Sessions Judge, Ludhiana, dated 22nd October. 1968, whereby the order passed by the Judicial Magistrate First class. Ludhiana, dated 19th August, 1968, was recommended to be set aside.
(2.) THE facts giving rise to this reference are that Pushpa Rani made an application against her husband Baldev Raj Kumar under Section 488 of the Criminal P. C. claiming maintenanee for herself and her child. Having obtained a decree for judicial separation against his wife Baldev Raj Kumar made an application in the proceedings under Section 488 of the Criminal P. C. initiated against him by his wife Pushpa Rani praying that the proceedings against him be dropped in view of the decree for judicial separation obtained by him from a competent Civil Court. This application of the husband was dismissed by the impugned order. Being aggrieved Baldev Raj Kumar filed revision petition before the Sessions Court on the basis of which the present reference has been made to this Court recommending the quashing of the order of the learned Magistrate dated 19th august, 1968 disallowing the application of the husband in so far as the proceedings relating to the grant of maintenance to the wife are concerned.
(3.) IN order to examine the effect of the decree for judicial separation obtained by the petitioner, a reference will have to be made to Sub-section (4) of Section 488 and Sub-section (2) of Section 489 of the Criminal P. C. which are in the following terms: "488 (4)--No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. " * * "489 (2)--Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under Section 488 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. ";