Law: Criminal Procedure Code (V of 1898)

Section: 488

(a) Criminal Procedure Code (V of 1898) S. 488-Maintenance-Negligence of husband to maintain his wife and children-Husband leaving residence and going to distant place requiring his wife and children to accompany him-Wife refusing to accompany her husband on ground that he was leading an immoral life and failing to maintain his dependents-Offer by husband to provide maintenance on condition that wife lived with him and led immoral life-Held, constituted negligence and condition imposed tantamounted to denial to maintain.-[Main tenance]. (b) Criminal Procedure Code (V of 1898) S. 488 (6)-Maintenance --- Intention of provision requiring recording of evidence in presence of husband or father or his pleader-To protect and safeguard interests of party-Failure of husband or father to appear before Court after having been served- Held, does not necessitate postponement or keeping in abeyance further proceedings -Written objections filed and witnesses produced on behalf of opposite-party in trial Court-No objection raised at any stage on taking evidence in party's personal absence-Proceed ings under salutary provision of S. 488---Held, cannot be quashed on basis of technicality.--[Maintenance]. Date of institution : 29th June, 1980.                                                                                 ORDER The Additional Sessions Judge, Poonch has made this reference on 19th April, 1980, whereby judgment and order of the trial Court, dated 31st May, 1979, is recommended to be set aside. Mst. Sharifa Bi, who is wife of the petitioner, brought an application under section 488, Cr. P. C. for payment of maintenance allowance in her favour and in favour of Abdul Rauf and Abdul Shakoor, minor sons. The application was instituted on 8th November, 1978. A notice was issued to the non-applicant-petitioner. It was reported that non-applicant petitioner had left for Pakistan. His whereabouts were not available. Ultimately, on 18thFebruary, 1978, Shukar Din, his cousin…