1. By means of this reference learned Addl. Sessions Judge Jammu had made recommendation for quashing the order formulated by trial Magistrate on 21 -09-2000 awarding Rs. 500/- to the petitioner as interim maintenance.

2. Facts relevant for the disposal of this reference in resume are detailed hereunder:-

" An application came to be initiated by Smt. Daljit Kour for the grant of maintenance allowance under section 488 Cr. P.C. in claiming that her marriage with non-applicant was solemnized according to Sikh rites and customs at Crole Gujrat, Jammu on 18-10-1997. Soon after marriage non-applicant and his mother started taunting and causing harassment to the applicant for having brought less dowry and even used to chastise her physically on paltry matters and penultimetly turned tier out of the matrimonial house after 2 months of the marriage. Applicant however made an other attempt to return to the matrimonial house after staying with her parents for a space of 6 months but was extended the same maltreatment by the non-applicant and his family members and turned her out from the house after about 18 days. That the applicant has since been neglected and refused to be maintained by her husband non-applicant who deserted her. During the currency of these proceedings interim maintenance was allowed @. Rs. 500/- p.m. to the applicant by the trial Magistrate effective from the date of application till the final disposal of the main petition for maintenance, on 21-09-2000.

3. Aggrieved by the aforesaid order non-applicant sought its reversal in a revision petition commenced before the court below on the ground that Smt. Inderjit Kour was his legally wedded wife and out of consummation of marital tie a son was born to them. The non-applicant also denied any marital relationship with Daljit Kour-applicant. He also contended that in view of his subsisting marriage with Inderjit Kour, unless a valid marriage with Daljit Kour-applicant is established, no maintenance allowance could have been allowed by the trial Magistrate. The claim of the applicant before the trial Magistrate regarding the beating administered by the non-applicant and his mother and pressuring for more down was also denied by the non-applicant. Similarly, the non-applicant also refuted the allegations of the applicant to have been turned out of the matrimonial house firstly after 2 months of the marriage and secondly when she returned to the matrimonial house. 18 days thereafter.

4. On the other hand, the applicant Daljit Kour herein respondent, in support of her claim, filed an affidavit in sustenance of the recitals in the application and also a Certificate of marriage from Gurudawara Shri Nanak Devi Ji with regard to the solemnization of the marriage of Daljit Kour with Gurdev Singh according to rites applicable to Sikh Community on 19-10-1997 both on merits in the main case as well as for grant of interim relief. The trial Magistrate on examination of the whole matter awarded interim maintenance of Rs. 500/- by means of order dated: 21-09-2002.

5. Mr. D.S. Saini, learned advocate appearing for the petitioner, vehemently urged that the Judicial Magistrate while granting interim maintenance has proceeded on the ground that Daljit Kour-respondent is the legally wedded wife of the petitioner which in view of the emphatical denial by the petitioner and controversy raised in the main petition that during the subsistance of the first marriage with Inderjit Kour, the respondent is neither his wife nor can claim to be legally wedded wife, as such is not entitled to maintenance in the main petition or by way of interim relief either. His further contention is that it was incumbent upon the Magistrate to enquire into the matter at least for subjective satisfaction prima-facie for the marriage between the parties before allowing interim maintenance.

6. Mrs. Surinder Kour, learned counsel, appearing for the respondent on the other hand submitted that before granting interim mainte

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