Judgment

CHANDRACHUD, J. :- The second respondent who is the wife of the appellant filed against him an application for maintenancy under Section 488, Code of Criminal Procedure. The application was founded on two grounds: one, that the appellant was neglecting and refusing to maintain her and two, that he had contracted a second marriage with one Kamala. The learned Judicial Magistrate, First Class, Sakoli, dismissed that application holding that though the appellant had taken a second wife he had neither neglected nor refused to maintain the second respondent. The second respondent filed a revision application against that order in the Sessions Court, Bhandara. Taking the view that the fact that the appellant had contracted a second marriage during the subsistence of his marriage with the second respondent was sufficient to entitle her to an order for maintenance, the learned Sessions Judge made a reference to the High Court. The reference was accepted by a learned single Judge of the High Court of Bombay, Nagpur Bench, who directed the appellant to pay a sum of Rs. 50 per mensem to the second respondent by way of maintenance. A Division Bench of the High Court has granted to the