ORDER :- This is a reference by the Sessions Judge of Lucknow recommending that the order refusing to grant maintenance to Smt. Maiki should be set aside as the view taken by the learned Magistrate was not proper in this case. It appears that Smt. Maiki was married to her husband some 8 or 9 years ago when she was hardly 5 or 6 years of age. She is said to be 16 or 17 years of age at present and her husband has admittedly taken a second wife. After the remarriage of her husband the applicant moved the Magistrate under S. 488, Cr. P.C., that he should order payment of maintenance to her. The learned Magistrate threw out the application on the ground that Smt. Maiki had been living with her husband for some time at least amicably even after the husband had taken a second wife. The Magistrate has also submitted his explanation along with the order of reference. It appears to me that the learned Magistrate was of the opinion that it was at the discretion of the Magistrate to accept or not to accept the second, marriage of the husband as a ground for refusal and that it was not in all cases that the Courts were bound to accept this ground as a valid ground for refusal to live with the h

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