This petition is by the husband against an order of maintenance passed by the Additional First-Class Magistrate, Vellore, under section 488, Criminal Procedure Code, in favour of his wife. The petitioner has been ordered to pay Rs. 15 a month. There is a clear finding by the Magistrate that the petitioner has neglected and refused to maintain the respondent herein. After going through the records I am satisfied that the lower Court was justified in-arriving at that conclusion. On the merits, therefore, there is no case for the petitioner herein.

The question that is raised by the learned counsel for the petitioner is that section 488, Criminal Procedure Code, is ultra vires of the Constitution because the provision is only in favour of women without a similar provision in favour of men. In short his argument is that in the absence of a provision that the husband must in similar circumstances also be awarded maintenance from the wife, the provision is ultra vires. He says that it offends Article 14 of the Constitution. I must at the outset say that a mere untenable argument could not have been advanced by anyone appearing for the petitioner. On the face if it, it is ridiculous