1. This Criminal Reference arises out of proceedings under section 488 Cr. P. C. initiated by respondents before the learned Judicial Magistrate, 1st Class, Magam.

2. On 9th June, 2001, respondent No.1, Mst. Saja, filed an application under section 488 Cr. P. C, before the learned Judicial Magistrate, seeking grant of maintenance allowance in her favour as being the legally wedded wife and three minor children, namely, respondents 2, 3 and 4, of petitioner Manzoor Ahmad Khan, namely, the petitioner herein, on the ground of neglect and refusal to maintain. Upon notice, the petitioner herein, on 13th August, 2001, presented an application before the learned Magistrate. In that application, the petitioner stated that, on account of absence of his wife, Mst. Saja, from his house, he was up-set and, therefore, made a bonafide " offer to respondent No. 1 to return to his society and live with him as his wife. In this behalf, he sought intervention of the learned Magistrate. Subsequently, on 23rd August, 2001, he filed his objections to the application for maintenance, wherein he sTated that respondent No. 1 had gone to her parental house with his permission for two weeks but did not retur

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