( 1 ) THIS is a reference by the Additional District Magistrate, Varnasi, recommending that an order issued by a first Class Magistrate on 22-12-1955 directing a process to be issued for recovery of arrears of maintenance allowance under Section 488 (3), Criminal P. C. , be set aside. The wife, who is the opposite party before me and is absent, obtained a maintenance order in her favour on 15-6-1955, and on 22-12-1955 applied for enforcement of the order alleging non-payment of any allowance. On the same date the Magistrate ordered a process to be issued; he did not issue any notice to the husband before ordering a process to be issued and did not make any enquiry whether the allowance was really in arrear and whether the husbands refusal or failure to pay the allowance was for sufficient cause or not. The learned Additional District Magistrate recommends the quashing of the order on the ground that it could not be passed without an opportunity being given to the husband to be heard against it; I agree.

( 2 ) SUB-SECTION (3) to Section 488 provides that if the husband fails, without sufficient cause, to comply with the maintenance order, the Magistrate may issue a w