SARDARI LAL AMAR NATH Vs. KAUSHALYA DEVI WIFE OF SARDARI LAL

JUDGEMENT

(1.) THIS is a rule obtained against an order made by Mr. Kulwant Singh, Magistrate 1st Class. Amritsar, allowing to the wife an allowance of Rs. 45/-per mensum as maintenance for her and for her son under Section 488, Criminal Procedure Code.

(2.) THE sole question before me is one of jurisdiction. The husband, it is agreed before me, belonged to some place in Pakistan and on the parti-tion of the country he came to what is now Trdia and for some time he lived in Baserke a village in amritsar District, with his wife. He is employed in some Defence Department and was, when the present petition was brought stationed at Meerut. The wife brought the application for maintenance in a Court in Amritsar, and the sole question raised then was, as it now is, as to whether the Amrit-sar Court has jurisdiction to take cognizance of this case.

(3.) UNDER Section 488 (8), Criminal Procedure Code, proceedings under this section can be taken in any district where the husband resides or he and his wife last resided together. The question as to what is the meaning of the words "last resided together" was decided by a judgment of the Lahore High Court in Charan das v. Mt. Suresti Bai, AIR 1940 Lah 449 (A) where it was held that a temporary residence is not within the meaning of the words "last resided together. "