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1944 Supreme(Pesh) 31
HIGH COURT OF PESHAWAR
Mir Ahmad, J.C
Mt Iqbal Begum – Appellant
Versus
Haji Abdul Kabir – Respondent
Decided On : 04-10-1944
JUDGMENT
Mir Ahmad, J C - Mt. Iqbal Begum is the wife of Haji Abdul Kabir. She obtained a decree for maintenance under Section 488, Criminal P.C., against her husband. He was directed to pay Rs. 8 per month to her. She moved the Court to recover her maintenance from her husband. The Magistrate stayed the proceedings under Section 6, Indian Soldier's (Litigation) Act, (Act 4 of 1925), although there is nothing on the file to indicate how he came to know that Haji Abdul Kabir had joined the army. Mt. Iqbal Begum applied to the Sessions Court for revision of the order of the Magistrate. The Additional Sessions Judge has submitted the case to this Court with a recommendation that the order should be vacated. His ground is that the Indian Soldier's (Litigation) Act 4 of 1925), as amended, only applies to proceedings in civil and revenue Courts and has no application to the proceedings in a criminal Court. Act 4 of 1925 opens with the following words:
An Act to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldier serving under special conditions.
2. The underline (here italicized) is ours. Court' has been defined in Section 2(a) as under : "Court means a civil or revenue Court." The remaining sections of the Act lay down what the Court has to do if there is any plaint application or appeal before it to which an Indian soldier serving under special conditions is a party. It is obvious from what has been said above that Act 4 of 1925 is applicable to proceedings in civil and revenue Courts only and has nothing to do with proceedings in a criminal Court. On the wording of the law, therefore, we hold that the Act does not apply to the proceedings before us. As a result, we accept the recommendation of the Additional Sessions Judge, set aside the order of the Magistrate, and remand the case to him with a direction that he should proceed to recover the maintenance for Mt. Iqbal Begum.
