Wanchoo, C.J.—This is a reference by the Sessions Judge of Jaipur, and has arisen in the following circumstances.

2. Shrimati Baladevi obtained an order under sec.488 Cr.P.C. on the 1st of February, 1952, from a Magistrate by which she was allowed Rs. 30/- per month as maintenance allowance from her husband Ramnath. On the 28th of March, 1952, she applied for execution with respect to one months amount due to her. She also prayed that Ramnaths salary, which is payable every month by the Superintendent, Divisional Telegraph Office, Ajmer, might be attach and he might be asked to send Rs. 30/- per month to her. A notice was issued to Ramnath, and he objected that this procedure could not be employed for the realization of maintenance amount granted under section 488. That objection was upheld by the Magistrate and the application was dismissed.

3. Thereupon, Shrimati Baladevi went in revision to the Sessions Judge who has disagreed with the view taken by the Magistrate, and has made this reference.

4. The Magistrate had relied on Maung Soe Hlaing V. Ma Thein. Khin (1). The Sessions Judge says that if the view taken by the trial magistrate is allowed to stand, it may mean that the applic

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