SHARFUDDING AHMED, J.

( 1 ) THIS revision arises out of the reference made by the Sessions Judge, Mahboobnagar, dated 13/09/1963 made in Crl. Revision Petition No. 15 of for setting aside the order of the learned Magistrate of Alampur in M. C. 5/63 on his file. That was a petition by wife under S. 488, Cr. P. C. for maintenance of herself and her minor son aged about 4 years with the allegation that the husband had ill-treated her and was refusing to maintain her and her child. It was stated by the wife that marriage had taken place about 15 years prior to the application and that she had been living with the husband all these years, but later he had driven her away and had not been maintaining her. with the result that she had taken shelter with her parents at Budhipad. The plea of the husband was that though there was a marriage, it was never consummated and the petitioner had ceased to be his wife as there was a divorce between them effected by the elders of the village. He also attributed unchastity to the wife and denied paternity of the child. It was urged on his behalf that having regard to the divorce and the unchastity to the wife and denied paternity of the child. It was u

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