Judgement

BOSE J: This is a quarrel between husband and wife. The appellant is the husband.

2. On 29-3-1946 the respondent obtained an order against the appellant under S.488, Criminal P.C. for payment of maintenance at the rate of Rs. 70 -a month. The order was obtained from the Court of a Magistrate at Lahore which is now in Pakistan. It is not disputed that at that time the Court making the order was a proper and competent Court nor is it disputed that prior to the partition of India the order could have been executed under S. 490. Criminal P. C. in the Court of the First Class Magistrate at Delhi. The order was directed to have effect from 31-3-1947 .

3. The appellant paid the respondent a sum of Rs. 240/- in instalments in pursuance of this order but as, according to the respondent, a further sum of Rs.860/- was due on 18-3-1949 she applied under S. 490 to the Court of the Magistrate, First Class, Delhi, for its enforcement.

4. The appellant resisted on several grounds. We are only concerned with the one which touches jurisdiction. On 15-8-1947 the partition of India came into effect and Lahore became foreign territory and the Lahore Courts foreign Courts. The appellant s contenti