Judgement

NATARAJAN, J. :- Is a Muslim wife whose husband has married again worse off under law than a Muslim wife whose husband has taken a mistress to claim maintenance from her husband? Can there be a discrimination between Muslim women falling in the two categories in their right to claim maintenance under S. 125, Criminal P.C., 1973 (for short the "Code")? These fundamental questions of a startling nature run as undercurrents beneath the placid waters of this seemingly commonplace action for maintenance by a Muslim wife against her husband. We have projected these fundamental issues in the prefatory itself because these larger questions also arise for consideration in this appeal.

2. Now for a resume of the facts. The appellant was married to the respondent on 11-5-80 and she begot him a girl child on 9-5-81. On grounds of neglect and failure to provide maintenance she filed a petition under S. 125 of the Code in the Court of the Judicial First Class Magistrate, Kasargod, to seek maintenance for herself and the child at Rs. 500/- and Rs. 300/- per month respectively. The Magistrate dismissed the petition saying the appellant had failed to establish adequate justification for liv