( 1 ) THIS is a Reference made by the learned Sessions Judge of Midnapore under Section 438 Cr. P. C. recommending that the order passed by the learned Magistrate dismissing an application made before him by a wife under Section 488 Cr. P. C. for maintenance allowance should be set aside and a proper order made on that application. The wife's application was made in the court of the learned Magistrate on 23rd of August, 1961 alleging therein that the petitioner had been married to the opposite party about 12 years ago and had borne three children to him. Unfortunately two of those children, that is, the eldest and also the youngest who were the two sons, have died and only a daughter now aged about eight or nine years is now alive. During her stay in the husband's place the wife was taken ill of certain diseases. During that time also the husband had already brought a mistress and latterly the husband has married a second wife. Due to her illness the petitioner was treated in the hospital and her father bore the expenses of the treatment because the husband did not arrange for it. Thereafter the petitioner has been living with her father, and her husband has neglec