Judgment

SUBBA RAO, J. : This appeal by special leave raises the question of true construction of S. 488 (8) of the Code of Criminal Procedure.

2. Jagir Kaur, the first wife of Jaswant Singh, was married to him in 1930. The said Jaswant Singh was employed in the police force in Africa. The Maklawa ceremony took place about 7 years after the marriage, when the respondent was away in Africa. After 5 or 6 years, he came back to India on leave and took the first appellant also to Africa. Thereafter, the first appellant was taken to her mother-in law s house, and after living there for a few years she returned to her parental house. 5 or 6 years thereafter, Jaswant Singh came to India on 5 month s leave and the couple lived in Jaswant Singh s or his mother s house at Hans Kalam - it is not clear to whom the house belongs-for a period of 5 months and thereafter Jaswant Singh left for Africa. Before going to Africa, Jaswant Singh married another wife and took her with him to Africa. After 5 or 6 years, he came back to India on leave and took the first appellant also to Africa. There she gave birth to a daughter, the second appellant. As disputes arose between them, he sent her back to Indi