This is an application by a husband against the order of the lower Court, directing maintenance to be paid to his wife. The reason on which the wife claimed maintenance was that the husband married a second wife and as such she had to go away from the home of the husband to that of her parents. The lower Court has found that there is no satisfactory evidence to show that the husband beat, ill-treated and drove her away from his house. The lower Court has also found that the husband was unwilling to pay maintenance to the wife but was willing to take her back. In such circumstances the Magistrate has come to the conclusion that there was neglect and refusal on the part of the husband to maintain the wife.

Mr. Jagannatha Rao, the counsel for the petitioner, contends that whatever might be the position regarding the liability of the husband on a second marriage to pay a separate maintenance to the wife, under section 2 of the Hindu Married Women’s Rights to Separate Residence and Maintenance Act, which came into operation on 23rd April, 1946, under section 488, Criminal Procedure Code, there must be positive evidence of neglect or refusal to maintain a wife. Since in this case,