Dave, J.—This reference comes on the report of the learned Sessions Judge, Udaipur, dated 19.12.58, whereby he has recommended to this Court that. the order passed by Munsif-Magistrate Salumber dated 30.8.58 directing Mst. Dhulki to pay allowance for the maintenance of a girl aged about 3 months should be set aside.

2. In order to appreciate the points involved in the reference, it would be proper to state briefly the facts which have given rise to it. It appears from the perusal of the record of the Magistrates court that on the 30th Nov. 1957 a girl aged about 1-1/2 months was found lying in a jungle by P. Ws. Savji and Punja. P. W. Punja presented that child before the Gram Panchayat Semari; whereupon P.W. Kishanlal Serpanch handed over the said child to the care of P.W. 3 Welki and reported the matter to the police. After investigation, the police came to the conclusion that the child was born of Mst. Dhulki and that Mst. Dhulki had deserted that child since it was illegitimate. Mst. Dhulki was prosecuted for committing an offence u/s 317 I. P. C. The Munsif-Magistrate Salu-mber, who made an inquiry into the case, discharged Mst. Dhulki of the said offence on 30.1.58. After abou

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