( 1 ) THIS is a reference made by the Sessions Judge, Bidar, against an order passed under S. 488 Crlpc. by the First Class Magistrate, Bidar in crl. Case No. 81 of 1967.

( 2 ) THE few facts necessary for a decision in this case are: that responident-2 wife, filed an application against respondent-1 her husband under s. 488 Crlpc. claiming maintenance from him. The husband appeared through an Advocate and filed objections. Ultimately the wife came to be examined and cross-examined. Her cross-examination was completed on 21-7-1970. The order sheet of the date 21-7-1970 reads as follows "parties are present, cross-examination of PW. 1 and PW. 2, pw-3 and PW. 4's statement recorded. Petitioner's evidence. heard. Case adjourned for defence evidence call on 11-8-1970, on 11-8-1970, the Counsel appearing on behalf of the 'husband reported no instructions, and the case was adjourned to 17-8-1970 for arguments. On 17-8-1970 also it was adjourned for arguments to 24-8-1970: On 24-8-1-970 the arguments on behalf of the wife were heard, and orders were pronounced on 31-8-1970. By this order, the Magistrate has allowed the application of the wife and fixed the quantum of maintenance at Rs. 40

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