ORDER

1. This is a criminal reference by the learned Sessions Judge of Cawnpore. It raises one short question of law whether a person, who has defaulted in payment of maintenance ordered u/s 488, Criminal P.C. can be sentenced to imprisonment for a period of more than one month where only one warrant under Sub-section 3 of the aforementioned section has been issued. An order was passed, against the applicant Beni on 7th August 1934 directing him to pay maintenance at the rate of Rs. 7 per month to his wife, Mt. Sitalia. This order was modified on 21st June 1937 when the amount was reduced from Rs. 7 per month to Rs. 5 a month. The applicant failed to comply with the order of the Court, and accordingly, on 1st July 1937 he was sentenced to six months' rigorous imprisonment u/s 488(3), Criminal P.C. On that date he was in arrears in respect of payment of maintenance for about 24 months. In revision the learned Sessions Judge of Cawnpore held that in respect that only one warrant had been issued, the applicant could not be sentenced to more than one month's rigorous imprisonment. He accordingly referred the matter to this Court for orders. On 15th November 1937 the matter came before a