This revision petition is filed by the husband against the order of the Sub-Divisional Magistrate, Gudalur, in M.C. No. 143 of 1966 granting maintenance at the rate of Rs. 40 per month to his first wife, the respondent herein.

The facts of the case are briefly these: The respondent, Mariam Bi, is the first wife of the petitioner, Mohammed Haneefa, having got married to the petitioner on 22nd May, 1962. They were living as man and wife amicably for sometime. Later, the petitioner married another woman. Since then, the petitioner neglected and refused to maintain the respondent. The respondent filed a petition under section 488, Criminal Procedure Code, before the Sub-Divisional Magistrate, Gudalur, claiming a monthly maintenance of Rs. 50. The Sub-Divisional Magistrate granted maintenance to the respondent at the rate of Rs. 40 per month mainly on the ground that under section 488(3), Criminal Procedure Code, it would be just for the respondent to refuse to live with the petitioner as he had contracted marriage with another woman and that, therefore, she would be entitled to separate maintenance.

The learned Counsel for the revision petitioner raised two points, namely, (1) that