Law: Criminal Procedure Code, 1898

Section: 488

Criminal Procedure Code (V of 1898) S. 488-Maintenance-- Magistrate directing respondent to pay maintenance allowance from date of application filed by petitioner- Additional District Magistrate modifying Magistrate's order so as to make order of payment of maintenance allowance operative from date of order of Magistrate on ground of respondent beings machineman in Railways and drawing only Rs.80 p. m.--Order of Additional ,District Magistrate, held, not made for any valid justification, hence improper and without jurisdiction.-[Maintenance]. Date of hearing ; 16th December 1979.                                                                                                               JUDGMENT This is a criminal revision petition by Mst. Fahmeeda Begum chal lenging the validity -of the order of the learned Additional District Magistrate, Lahore dated the 21st September 1966, whereby he .varied the order of the learned Magistrate 1st Class, Lahore, dated the 30th July, 1966, to, the extent the maintenance allowance, at the rate of Rs. 30 per mensem payable by Nisar Ahmed Qureshi, respondent, to the petitioner would be recoverable from .the 30th July, 1966, the date of order of the learned trial Magistrate and not from the 21st March, 1965, the daft of filing of the application by the petitioner as had been directed by the learned trial Magistrate. 2. The parties were married on 10th May, 1964. Their relations having become strained, the petitioner, on 21st March, 1965, moved an application under section 488 of the Code of Criminal Procedure for securing maintenance at the rate of Rs.70 per mensem which .the respondent had agreed…