JUDGMENT - 1. This is a reference made by the learned Additional Sessions Judge of Osmanabad with a recommendation that the order passed by the learned Magistrate was bad in law and that it should be altered so as to allow maintenance to the wife only for a period of three lunar months from 6-4-1959, the date of the filing of the written statement by the husband.

2. The parties to these proceedings are Maliomedans. It appears that the wife made an application for maintenance to the learned Magistrate under Section 488 of the Criminal Procedure Code, The husband resisted the application mainly on three grounds; (1). that he had already divorced the wife about 30 years ago and that he was not liable to maintain her; (2) that there was no neglect or refusal on his part to maintain her; and (3) that he had not sufficient income for giving separate maintenance to her. The learned Magistrate found in favour of the wife on all the three grounds and granted a sum of Rs. 10/- per month as maintenance allowance to her as against die husband. The husband there- after filed a revision application in the Court of Session at Osmanabad and submitted that the order of the learned Magistrate was ba

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