Andhra Pradesh Court August 1975 Judgments

K. Jagmaiah Vs. K. Seshirekhamma and anr.

Court: Andhra Pradesh

Reported in: 1976CriLJ219

ORDERA. Sambasiva Rao, Ag. C.J.1. Rather a ticklish question as to the interpretation of Sub-sections (4) and (5) of Section 488 of the old Criminal Procedure Code, which were verbatim reproduced in Sub-sections (4) and (5) of Section 125 of the present Code arises in this case.2. A wife presented an application under Section 488 for maintenance against the husband. The husband raised several objections in his counter to the granting of maintenance, but living in adultery was not one of them. However, he alleged some adultery in his evidence. He was also cross- examined on that aspect and finally, the Court disbelieved his evidence about adultery and repelled that plea. In consequence on 30lh of December, 1971 it awarded maintenance at the rate of Rs. 50/- per month. After some time, she filed an application to enforce it, and an ex parte order was granted in her favour. This ex parte order to enforce it was set aside in appeal and the husband was given an opportunity to raise his defe...