The meaning and interpretation of the expressions "resides" in Section 488(8) and "living in adultery" in Section 488(4) of the Criminal Procedure Code.

Tek Chand, J.

1. This is a reference in a case arising out of proceedings Under Section 488, Criminal Procedure Code, which has been referred to this Court by the Sessions Judge Ambala with a recommendation that the order of the Magistrate 1st Class Chandigarh granting maintenance should be reversed and the wifes application Under Section 488, Criminal Procedure Code, be dismissed. The Magistrate had ordered the husband, Ram Saran Das, to pay a monthly allowance of Rs. 20.00 each for the petitioner Smt. Soma Vatic and her minor son Sham Lai for their maintenance. He is to receive maintenance until he attains the age of maturity.

2. Facts giving rise to the petition Under Section 488 of the Code are that Smt. Soma Vati was married to Ram Saran Das about 30 years ago and the son. Sham Lai who is now aged 16 years was born to them. According to Smt. Soma Vatis complaint her husband had kept as mistress one Smt. Bhagwanti and had refused to maintain her and her sour. On these allegations, she claimed maintenance allowance of Rs. 60.00 p.m. for herself and for her son.

3. The plea of the husband. Ram Saran Das, was that she was married to him but she had become of loose morals and had abandoned him 17 years ago. He denied that Sham. Lai was born to her from his loins. As she had deserted him in. 1945, he married. Smt. Bhagwanti in 1947 and from her there were born four children to him; The parties availed of the opportunity given by the Magistrate to produce witnesses, Smt. Soma Vati besides examining herself examined P. W. i Shiv Ram and P. W. z Khan Chand, both of Mubarak-pur; tehsil Kharar, district Ambala. Shiv Ram P. W. I deposed that Smt. Soma Vati who had taken residence in Mubarakpur had no source of livelihood and that she had been turned out of his house by her husband five or six years ago. She was beaten by her husband. Despite efforts made to persuade the husband to keep his wife with him he had not been prevailed upon to do so. This witness stated that the husband came to Mubarak-pur several times and he was asked to keep the petitioner with him but he did not agree to it. In cross-examination he stated that the parties were fighting civil cases is between themselves. Soon after the partition, the husband was missing but joined her five-six years later. In the meanwhile the wife had got some land mutated in the name of her son by representing that the husband had died and that he had not been traced.

4. The next witness produced on behalf of the wife is P. W. 2 Khan Chand, who has made a similar statement. Not a single question was put to either of the two witnesses alleging any immorality and that Smt, Soma Vati was leading an adulterous life.

5. P. W. 3 is Smt. Soma Vati herself and she stated she was 40 years old and was married about 30 years ago in West Punjab. She lived with her husband for about 20 years and then her husband had turned her out after giving her a beating. Out of four children born to her from him, now only Sham Lai aged about 16 was alive. She said that she had no source of income. She stated that the landed property measuring 40 Bigbas in Pinjore and 70 Bighas in Sundran in police-station Mubarakpur was allotted to her son, but it was subsequently, as a result of the litigation, taken by the husband. According to her, his income is Rs. 1000.00 or Rs. 1200.00 per year from the land besides what he earns while doing labourers work. She stated that Ram Sam Das had refused to maintain her and her son. Efforts to persuade him proved to be unavailing. She also stated that last time her husband resided with her for about three months in Mubarakpur and previously too he had been visiting her. She also expressed her willingness to stay with him, but said that he was not prepared to keep her at any cost. Ip her cross-examination she said that her husband stayed at Ludhiana and used to visit Mubarakpur occasionally and stay with her. She, however, could not give tie dates of his visits. She said t