( 1 ) THIS is a Reference under Section 438, Criminal P. C. , made by the Sessions Judge of Hooghly recommending that the order of Sri M. M. Kusari, Magistrate, First Class, Serampore, dated 3-3-1952, by which he ordered that a distress warrant should be issued unless the husband paid the maintenance grant to his wife Kamala Sundari Dasi from 2-7-1950, on or before 23-3-1952 should be set aside, and the Magistrate should be directed to hold an enquiry into the objection filed by the husband under Sub-section (3), Section 488, Criminal P. C.

( 2 ) THE facts of this case lie within a short compass and may be briefly stated as follows: On 30-9-1947, the wife Kamala Sundari Dasi obtained an order for maintenance against her husband under Section 488, Criminal P. C. , directing the husband to pay her maintenance at the rate of Rs. 40/- per month. It is admitted that the husband paid maintenance up till. May 1948, but did not pay it thereafter. On 2-7-1951, the wife, Kamala Sundari Dasi, filed an application for enforcement of the order of maintenance under Sub-section (3) of Section 488, Criminal P. C. A notice was served upon the husband who filed an application alleging t