( 1 ) THIS reference is made under section 438 of the Code of Criminal Procedure by the learned sessions Judge, Bidar. Briefly stated, the facts are: gowramma who is respondent No. 2 in this reference obtained an order of maintenance under section 488 of the Code of Criminal Procedure at the rate of Rs. 20/- per month of 23rd March 1964. Subsequently she filed a civil suit and obtained a decree for maintenance at the rate of Rs. 40/- per month on 30th March 1966. After the decree of the civil court an application under section 488 (3) was made to the criminal court for enforcement of the order of maintenance at rs. 20/- per month passed by it. In that application Gowramma claimed a maintenance from february 1966 to end of April 1966. Objection had been filed on behalf of the first respondent that the order of maintenance made under section 488 should be cancelled under Section 489 (2) of the Code of Criminal Procedure. The Magistrate overruled the objection of Respondent No. 1. He filed a revision before the learned Sessions Judge, Bidar who has made this reference to this court with a recommendation to set aside the order under revision made by the Magistrate.

( 2 ) IT is not dis

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