JUDGMENT

Addison, J. - Mohammad Sardar was ordered by a Magistrate, First Class, on 3rd November 1931, to pay Rs. 3-8-0 p.m., to his divorced wife, Mt. Ghulam Jannat, for the maintenance of their daughter. He did not pay this allowance and on 16th March 1932, she applied to have the order enforced by sending the petitioner to Jail as attempts to recover the arrears by attachment had failed. The Magistrate First Class, Kasur, held, on 25th January 1934, that Mohammad Sardar was wilfully neglecting to pay the arrears. It was brought to the Magistrate's notice that he had been declared an insolvent on 4th February 1933, but the Magistrate considered this fact immaterial as a protection order first issued by the Insolvency Judge was later on withdrawn. This Magistrate accordingly directed Mohammad Sardar, under the provisions of Section 488, Criminal P.C., to be committed to Jail for four months' simple imprisonment or until such time as he had paid the arrears of maintenance amounting to Rs. 101-8-0. The Magistrate also directed Mt. Ghulam Jannat to pay annas 6 a day into Court for his expenses in Jail. Mt. Ghulam Jannat brought a petition against the latter part of the order and Moham