( 1 ) THIS reference was made by the Sessions Judge of Burdwan recommending that an order passed by the learned Magistrate, Asansol, directing payment of Rs. 60-8. 0/- per month and 11 Sali Bhati rice and 2 Sali, of other variety of rice or its money equivalent per year to his wife Sm. Purnasashi Devi for her maintenance and the maintenance of his legitimate child by her should be set aside.

( 2 ) THREE grounds have been put forward by the learned Judge for his recommendation. The first is that as the learned Magistrate was of the view that the maintenance had been paid but the rate was inadequate, it could not in law be said that the husband had neglected or refused to maintain his wife. In my judgment, this ground cannot prevail. When the law says "neglects or refuses to maintain", it cannot but mean "neglects or refuses to maintain properly. " Suppose one rupee was paid for the maintenance of a wife for a month, that would be paying some amount of maintenance, but it would be ridiculous to suggest that that in such maintenance which would stand in the way of the operation of Section 488, Criminal P. C. In this case, the learned Magistrate found that the maintenan