( 1 ) THIS rule was issued at the instance of Capt. A. C. Smyth against an order of a Presidency Magistrate of Calcutta, allowing a monthly maintenance of Rs. 100 to the opposite party Mrs. Hannah Smyth tinder Section 488, Criminal P. C.

( 2 ) THE point at issue is whether the parties are husband and wife. According to Mr. Das appearing on behalf of the petitioner husband, a Roman Catholic like Capt. Smyth could not marry Mrs. Smyth because she was one professing the Jewish Faith at the time of the marriage. According to him, under Section 4, Indian Christian Marriage Act (XV [15] of 1872), a marriage in which one of the parties is a Christian has got to be solemnised according to the Indian Christian Marriage Act, and Section 5 lays down by whom or where such marriages may be solemnised. One of the persons before whom such a marriage can be solemnised is a Marriage Registrar appointed under the Act. The parties were no doubt married before such a Marriage Registrar. His contention is that though the marriage may be solemnised under Indian Christian Marriage Act, the validity of the marriage in view of Section 88 of the Act must be determined by the personal law