This is a reference made by the Additional Sessions Judge, Jammu, in the proceedings arising out of a revision petition filed by the applicant against an order of the Tehsildar Magistrate First Class, Kishtwar, by which the applicant has been ordered to pay Rs. 30/- per month as maintenance to the non-applicant under S. 488, Cr. P. C.

(2) We have heard counsel for the parties. It appears that on 1st Maghar, 2009 Mst. Begha, non-applicant put in an application under S. 488, Cr.P. C. against Amad Giri, the applicant, alleging that she was his wife and had borne him ten children and that she had been driven out of his home by the applicant, and praying that, as he had refused to maintain her, she may be granted an allowance of Rs. 30/- per month from him for her maintenance. In paragraph 5 of her petition, she admitted that she had heard that her husband had divorced her. She, however, added that even if she had been divorced by her husband she could claim maintenance from him, as she was in old age and could neither remarry nor earn her own living. The applicant in his objections stated that the proceedings under S. 488, Cr. P. C. could not proceed as he had divorced hi