1. This reference made by the learned Sessions Judge of Junagadh in respect of a proceeding falling under S.488 (3) of the Criminal Procedure Code 1898, (hereinafter referred to as the Code) has raised a pointed question. That question is whether husband has to prove sufficient cause for not complying with the order of monthly allowance passed under sub-section (1) of S.488 or wife has to prove absence of sufficient cause before the order is enforced by way of arrest and detention of husband in jail under sub-section (3). This question has arisen in the following facts of this case : -

2. The wife obtained an order for monthly allowance at the rate of Rs. 30/-against the husband payable to her from 1-7-1968. Direction to pay this monthly allowance was not complied with for a period of 12 months. Therefore, on 15-7-1969, the wife gave an application to the learned Magistrate stating that the total arrears of monthly allowance payable to her for a period of 12 months are Rs. 300.00 P. and that this