In Re: Mrs. Eva benbow

We think that the Presidency Magistrate has taken a right view in the matter. " It is the duty of the woman," as observed by West, J., In re the petition of Sheik Fakiruddin (r)- " to reside with her husband, and it is her correlative right to be maintained by him under his roof," and when the husband fails in his duty, the proper Court to take cognizance of the complaint of the wife is the Court within the jurisdiction of which he may reside. The language of sec. 488, Cr. P. Code, itself favours this view, and it seems to us, that if the principle which underlies sec. 177 of the Code may be applied to this case, the complaint should be enquired into by the Court within the local limits of whose jurisdiction the husband neglected or refused to maintain his wife. Let the records be sent back with this expression of our opinion.