Babu Nandan vs Mt. Punia

Daniels, J.—The learned Sessions Judge of Benaras has made this reference recommending that an order of maintenance u/s 488, Criminal P.C., in favour of Mt. Punia against her husband Babu Nandan, be set aside. It is an admitted fact that Mt. Punia was the legally married wife of Babu Nandan. The learned Sessions Judge takes the view that because the parties are Kahars the marriage must be demand to have been dissolved because Mt. Punia contracted a sagai with her brother-in-law Kandhai alias Lakkhu some three years ago. (It is common ground that Mt. Punia is not now living with Lakkhu.) I agree with the trying Magistrate that this fact is not sufficient to constitute a dissolution of Mt. Punia''s marriage under Hindu Law, more especially as there is no evidence that any caste panchayat was ever held for the purpose, of either dissolving or recognizing the dissolution of her marriage with the opposite party. I am unable to accept the reference, and I direct that the record be returned.