( 1 ) THIS Revision Petition came up before Gopivallabha Iyengar, J. sitting singly. His Lordship has referred the same to a Division Bench of e Court doubting the correctness of the decision of e Court reported in AIR 1958 Mys 128, in view of the decisions in Ishar v. Soma Devi, AIR1959 Pandh 295 , 1959 Crilj767 , Mt. Dhan Kaur v. Niranjan Singh, AIR1960 Pandh 595 and in Iqbal Unnissa Begum v. Habib Pasha, AIR1961 AP 445 , 1961 Crilj604. His Lordship has also formulated two questions of law for decision by the Division Bench They are:

" (1) Whether the proviso following sub-section (3) of section 488 governs only sub-section (3)or whether it governs also sub-section 488 of the Code of Criminal Procedure (2) That even if the proviso referred to above governs sub-section (1) of Section 488 also, whether it would be necessary to prove neglect or refusal on the part of the husband in cases where the husband has contracted a second marriage with another wife or keeps a mistress"

( 2 ) BRIEFLY stated the facts of the case necessary for the disposal of the Revision Point are as follows: the respondent filed a petition for maintenance under Section 488 prima facie the Criminal