(1) An interesting, though an abstract, question of law that has been referred for decision by a learned Single Judge is: Whether a wife in terms of first proviso to Sub-section (3) of Section 488 Cr. P. C. can refuse to live with her husband and claim separate maintenance from him only on the ground that he has contracted a second marriage? As is apparent from the order of reference, the necessity for making the reference arose because of divergence of judicial opinion on the question. Some courts have held that the taking of the second wife or keeping of a mistress by the husband is by itself not sufficient for passing an order of maintenance against the husband, unless it is proved that the husband has been guilty of neglect or refusal to maintain his wife (See Ishar V. Mst Soma Devi, AIR 1959 Punjab 295; Bela Rani Vs. Bhopal Chandra, AIR 1956 Calcutta 134 and Iqbalunnisa Begum and another Vs. Habib Pasha AIR 1961 A.P. 445 in this connection).

(2) A contrary view has been taken in some cases, and it has been held that neglect or refusal, or no neglect or refusal, the husband is liable to pay separate maintenance to his wife on the sole ground that he has taken a second wife.

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