Section 488 in The Code of Criminal Procedure, 1989 (1933 A. D.)
488. [ Order for maintenance of wives, children and parent. [Substituted by Act XL of 1966 for 'District Magistrate, a Sub-Divisional Magistrate or a Magistrate'.]
(1)If any person having sufficient means neglects or refuses to maintain-(a)his wife, unable to maintain herself, or(b)his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c)his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury finable to maintain itself, or(d)his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding two thousand rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct :Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.Explanation. - For the purpose of this Chapter, "minor" means a person who, under the provisions of the Majority Act, Sam vat 1977 is deemed not to have attained his majority"].(2)Such allowance shall be payable from the date of the order, or if so ordered from the date of the application for maintenance.(3)[ If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made :Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount-within a period of one year from the date on which it became due ;Provided further if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.] [Substituted by Act IV of 1998, Section 2.](4)No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.(5)On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.(6)All evidence under this Chapter shall be taken in the presence of the [person against whom an order for payment of maintenance is proposed to be made] [Substituted by Act IV of 1998, Section 2.] or when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed in the case of summons-cases :Provided that if the Magistrate is satisfied that he is wilfully avoiding service, or wilfully neglects to attend the Court, the Magistrate may proceed to hear and determine the case ex parte. Any order so made may be set aside for good cause shown, on an application made within three months from the date thereof.(7)The Court in dealing with applications under this section shall have power to make such order as to costs as may be just.(8)Proceedings under this section may be taken against any person in any district where [he is or he or his wife resides] [Substituted by Act XIII of 2004, Section 4.] or where he last resided with his wife, or, as the case may be, the mother of the illegitimate child.
