Present : Shaw J

 PATHUMMA v. SEENI MOHAMMADU.

411-P.C.Batticaloa,8,599.

Maintenance Ordinance, 1889, s. 4-Application for maintenance by Muhammadan wife-Offer by husband to take her back-Refusal of wife to live with husband as he was living with another wife.

A Muhammadan wife, who refuses to live with her' husband on the ground that he is living with another -wife, is not "entitled to claim maintenance, as he is not guilty of adultery by so doing.

THE facts appear from the judgment.

J. Joseph, for the appellant.

Arulanadan, for the respondent.

May 12,1921. SHAW J.-

This is an appeal from an order of the Magistrate directing the husband to pay maintenance for his wife and child under section 3 of the Maintenance Ordinance, 1889. The parties are Muhammadans, and were married about five years ago. About four years ago tb.9 respondent married a second wife, as he was entitled to do under the provisions of the Muhammadan law. Disputes would then appear to have arisen between the parties, which ended in the husband deserting the applicant. Some time after her husband returned and lived with her for same period; the length of w