Horwill, J.

1. This petition arises out of an application by the wife of the petitioner for maintenance under Section 488 of the Code of Criminal Procedure for their child, which is in the custody of the mother.

2. The husband and wife separated because they did not get on well together and because the petitioner contemplated taking another wife--which he eventually did. The elders of the village met together and effected a compromise, by which the wife was to get land worth Rs. 400 for her maintenance and a house to live in. The compromise refers to the petitioners undertaking to bring the child up and protect it to get it married. I think this language would be more appropriate to the retention of the child by the father rather than by the mother; but whether this is what the panchayatdars decided is not quite clear. The learned Magistrate seemed to think this reference quite consistent with the childs staying with its mother. Some time after the settlement was effected, the petitioner sent a notice to his wife telling her that she should return or he would not be responsible for its maintenance or for its marriage. She replied to the effect that she was under no obligation to