JUDGMENT - Chagla, C.J.

1. This reference which has been made to us by the Additional Sessions Judge, Ahmedabad, arises out of an application made by a wife for maintenance against her husband under s. 488 of the Code of Criminal Procedure. The application was for the maintenance of herself, a daughter and a son. The learned Magistrate who heard the application was of the opinion that on merits a sum of Rs. 100 should be awarded to the wife and Bs. 70 to the two children. But he felt bound by the decision of this Court reported in -- Palmerino v. Falme-rino, AIR 1927 Bom 46 (A) and therefore he awarded a sum of Rs. 100 in respect of all the three. When the matter came before the learned Additional Sessions Judge, he felt that the decision of this Court should be reconsidered in view of the fact that the other High Courts had taken a contrary view. He thereupon made this reference.

2. Now, Mr. Thakor for the husband has raised a preliminary point that the learned Additional Sessions Judge should have followed the decision of this High Court and should not have made a reference. In our opinion, the learned Additional Sessions Judge has done the right thing in drawing our attention to t

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