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 return. He further stated therein that, till the filing of the application for maintenance, respondents 2 to 4 would occasionally come to his house and reside with him but, thereafter, respondent No.l stopped them from coming to his home and even then he had been paying maintenance to them. The petitioner reiterated his offer made earlier in his application dated 13th August, 2001 and, in fact, in his objections the only prayer made was for a direction to respondent No. 1 to resume conjugal relations with the petitioner. It may be relevant to mention here that Respondent No. 1 filed her objections to the offer for restoration of conjugal relations made by the petitioner wherein she stated that, since the petitioner had contracted a second marriage, therefore, it was not possible for her to return to the society of the petitioner. That application was ultimately disposed of by the learned Magistrate by order dated 30.1.2002. It appears that on 13th February, 2002, the petitioner made an application before the learned Magistrate stating therein that respondent No.2, Arifa, (minor), was not his daughter but was adopted by Mst. Saja without his consent. Therefore, she was not entitled to any maintenance. Order dated 13th February, 2003 passed by the learned Magistrate, granting interim maintenance, shows that this objection was over-ruled by the learned Magistrate and the question of grant of interim maintenance was decided. In the main application, the parties led their respective oral evidence. In his statement recorded on 13th February, 2002, petitioner, inter Alia, stated before the Court that he had divorced his wife, Mst. Saja. The learned Magistrate, vide order dated 28th December, 2002, recorded a finding that respondent No.2 herein, Arifa, had, in fact been adopted by both the petitioner as well as respondent No.l and, therefore, she was entitled to maintenance. However, as regards respondent No.l, Mst. Saja, the learned Magistrate recorded that under Suni-law the divorce operates from the time it is pronounced whether or not the wife has the knowledge of the same. The learned Magistrate further recorded that the statement rendered by the petitioner on 13th February, 2002, wherein he stated that he had divorced his wife, Mst. Saja, was recorded by the court in presence of respondent No. 1, Mst. Saja, therefore, she stood divorced and their marital relationship stood terminated from 13th February, 2002. The learned Magistrate, accordingly allowed the application in so far as it related to respondents 2 to 4 granting Rs. 500/- each as maintenance in their favour. However, in regard to the respondent, Mst. Saja, the learned Magistrate directed the petitioner to pay monthly maintenance allowance of Rs.500/- to her from the date of application, i.e. 13th

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