JUDGMENT

Yashoda Nandan, J. - The main question arising for consideration in this reference is as to whether an order passed u/s 488(1), Code of Criminal Procedure is rendered ineffective and inoperative because of a temporary reunion between the parties to the proceedings. The case has been referred to a larger Bench by a learned single Judge of this Court because of the conflict between Pearey Lal v. Smt. Naraini 1935 AWR 11331 decided by Ganga Nath, J. and Nathu Ram v. Smt. Rashmani 1967 AWR 722 decided by Rajeshwari Prasad, J.

2. The relevant facts giving rise to this reference are that the Applicant Smt. Phulbasi who is admittedly the legally wedded wife of the opposite party, Shivnath, made an application in 1952 u/s 488, Code of Criminal Procedure for the grant of maintenance allowance on the ground that her husband neglected and refused to maintain her. Her application was allowed and Shivnath was ordered to pay Rs. 30/- per month to her as maintenance allowance. A revision preferred by Shivnath was dismissed on 9-7-1954. Thereafter Smt. Phulbasi made an application for recovery of arrears of maintenance allowance but some sort of reconciliation took place between the parties