This appeal is against the decree of the learned City Civil Judge,, granting maintenance at the rate of Rs. 20 per mensem to the plaintiff, who is married wife of the defendant. The marriage has taken place in 1943, and for a year or two the husband and wife lived amicably. Later on, when the husband was transferred to Nagpur where his employment took him, there seem to have been some differences between the husband and wife and there has been exchange of notices. In 1947, a suit seems to have been filed by the defendant appellant for restitution of conjugal rights against his wife. It was first instituted in the Poona-mallee District Munsiff’s Court and then on the ground that that Court had no jurisdiction, it was transferred to Nagpur and the appellant appears to have obtained a decree against his wife on the 20th of July, 1948, for restitution of conjugal rights. The respondent filed the present suit on the 12th of July, 1948, but in the plaint, she has referred to the filing of the suit by her husband at Nagpur for restitution of conjugal rights.

When the suit was pending, it transpires that the defendant appellant married a second wife on the 3rd of February, 1949. B