1. On an application made by Smt. Parsan Kaur, petitioner, against her husband. Bakhshish Singh, under Section 488, Criminal P.C., she and her minor son were granted maintenance at the rate of Rs. 200/- per mensem by an order of the Judicial Magistrate 1st Class, Ambala, dated the 1st October, 1966. The maintenance was, however, granted with effect from the date of the application, i.e., 23rd of March, 1966. Subsequently the petitioner applied to the Magistrate for realisation of the arrears of maintenance amounting to Rs. 1,800/-. On service of notice upon him the respondent Bakhshish Singh, approached the Magistrate on 22nd of July, 1967, for setting aside the ex parte order of maintenance in exercise of his powers under Section 488(6) of the Code of Criminal Procedure. This application was contested inter alia on the plea that he was not duly served in the original proceedings and it was about a month back that he had learnt that such an order had been passed against him. In contesting this praver for setting aside the ex parte order. Smt Parsan Kaur pleaded inter alia that the application under Sub-Section (6) of S.488 of the Code of Criminal Procedure, having been made