Kamla Sahai, J.

1. The opposite party has filed an application under Sec. 488 of the Code of Criminal Procedure before the Subdivisional Magistrate at Motihari. Her case is that she was married to the petitioner at Motihari, that she went to live with him at Darbhanga, and that thereafter he came and lived with her at her fathers house in Motihari for about ten flays. The petitioner raised the objection that the Motihari Court had no jurisdiction under Sub-section (8) of Sec. 488 of the Code to decide the case. The learned Magistrate ordered that this matter would be considered after evidence had been adduced. This application has been filed against that order.

2. Mr. Sarwar Ali, who has appeared on behalf of the petitioner, has argued that the words used in Sec. 488 (8) connote some amount of continuity or, in other words, an intention on the part of the couple to reside at a particular place indefinitely they can be held to have resided at that place (sic). I read Sub-section (8) of Sec. 488:

"(8) Proceedings under this section may be taken against any person in any district where he resides or is, or where he last resided with his wife, or, as the case may be, the mother