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1973 Supreme(AP) 6

P.RAMACHANDRA RAJU, S.OBUL REDDY
Mohorunnisa minor by guardian, Syed Sulaman Saheb – Appellant
Versus
Abdul Salam – Respondent


( 1 ) 1. A question of law of general importance is raised in this Crli revision case namely "whether in an application under section 488 cr. P. C. , neglect or no neglect, the husband is liable to pay separate maintenance to his wife on the sole ground that he has taken a second wife". This court in Iqbalunnisa Begum Vs. H^bib Pasha has taken the view that the husband is not liable while the preponderance of opinion of the other High Courts seems to be that the husband is liable Vide Mohamed Hannefa Vs. Mariaim Syed Ahmed Vs. N. P taj Begum, and Maiki Vs. Hamraj In view of this conflict in the decisions, I consider that it is necessary that the matter should be decided by a Division Bench of this Court. The papers will therefore be placed before my Lord the Chief Justice for orders as to posting.

( 2 ) THIS revision case coming on for hearing on Tuesday the 23rd day of January 1973 in pursuance of orders of this court dt. 7-7-1972 and made herein upon perusing the petition, the orders of the lower courts, the other material papers in the case and records in the case and upon hearing the arguments of Mr. P. Innavyareddy, Advocate for the petitioner and of M. Ramachandra reddy, Advo












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