This Rule was issued upon the Chief Presidency Magistrate, Calcutta, to show cause why the proceedings under section 488 of the Code of Criminal Procedure pending in the court of a Presidency Magistrate, Calcutta, should not be quashed.

2. The facts so far as is necessary for the disposal of this matter are as follows : On the 7th January, 1961, an application was made by the opposite party Gita Roy under section 488 of the Code of Criminal Procedure in the court of the Additional Chief Presidency Magistrate, Calcutta, praying for maintenance from her husband, the present petitioner, on the ground that having sufficient means he neglected and refused to maintain her. During the pendency of that case a child was born to her and she filed another application for maintenance of that child.

3. On the 2nd May, 1961, and on some dates subsequent thereto a preliminary point was argued before the learned Presidency Magistrate, namely, that the application was not maintainable in view of the provisions of the Hindu Adoptions and Maintenance Act. On the 18th May, 1961, the learned Magistrate made the following order :

"..........In any case, without expressing any opinion as to the lega