The statutory right to maintenance under S. 488 Crpc. applies to deserted wives and children, and a second wife may claim maintenance if unable to live with her husband who is living with his first wife.

Headnote:
Maintenance - Second Wife - The court held that the second wife is entitled to maintenance as the husband was living with his first wife, and the second wife had a just cause to live separately from her husband.
Fact of the Case:

The petitioner had a first wife and later married the respondent. The respondent lived with him for some time but had to leave due to differences.
Finding of the Court:

The court found that the second wife is entitled to maintenance as the husband was living with his first wife, and the second wife had a just cause to live separately from her husband.
Issues: The issue was whether the second wife is entitled to maintenance despite living separately from her husband.
Ratio Decidendi: The court interpreted the provisions of S. 488 Crpc. and held that the second wife is entitled to maintenance if she is unable to live with her husband who is living with his first wife.
Final Decision: The petition failed and was dismissed, and the second wife was entitled to maintenance.

( 1 ) THE question that arises in this case is whether the second wife is entitled to maintenance. The first wife of the petitioner, who was married long ago, is living with him. The petitioner married the respondent some time later and she lived with him for some time and due to differences, she had to leave the house of the petitioner.

( 2 ) THE right to maintenance conferred by S. 488 Crpc. is a statutory right, the only condition precedent to claim that right in the case of a wife being the existence of the conjugal relation. The right of a wife and of children to be maintained by the husband and by the actual father is a statutory right and the duty is created by express enactment, independent of the personal law. In the instant case, it was argued that where the husband takes a second wife, it is open to the first wife only to claim the maintenance from the husband, whether or not the husband ill-treated her, but the second wife has no claim for maintenance.

( 3 ) WHEN the husband marries more than one wife, as it is permitted to Muslims, it is open for the first wife or the second wife or the other wife, as the case may be, to refuse to live with her husband and that will be considered to be a just cause for refusal to live with him. But in this case, the second wife is living separately and she alleged that she had to leave her husband's house due to cruelty. But she was unable to substantiate her allegation that she was ill-treated. Neverheless, she could claim maintenance on the ground that the husband is living with the first wife.

( 4 ) THE provisions of S. 488 Crpc. are really intended for ensuring some supply of food, clothes and shelter to deserted wives and children. If the second wife is unable to pull on with her husbannd, who is living with his first wife, it should be a just cause for her to live separately from her husband. Therefore, the second wife, who is the respondent in this case, is entitled to maintenance. For the reasons stated above, this petition fails and is dismissed.

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1971 Supreme(Kar) 179

Karnataka High CourtB.R.S.BASH Ali, ABDUL ALI SAHEB - AppellantVersusIMAMBI - RespondentDecided On : 06-25-71Cri.R.P. : 125 of 1971

The statutory right to maintenance under S. 488 Crpc. applies to deserted wives and children, and a second wife may claim maintenance if unable to live with her husband who is living with his first wife.

Karnataka High Court
B.R.S.BASH Ali, ABDUL ALI SAHEB - Appellant
Versus
IMAMBI - Respondent
Decided On : 06-25-71
Cri.R.P. : 125 of 1971