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Judgment
Panigrahi, C.J.—This is a petition by one Janaki challenging the correctness of the orders passed by the Courts below on her application u/s 488 Code of Criminal Procedure.
The facts are admitted. The opposite party who is the husband of the Petitioner has married a second time, and for the past three years the Petitioner and opposite party have been living apart. The Courts below have failed to take into consideration the amendment to Section 488 of the Code of Criminal Procedure, made recently. The proviso to Sub-section (3) of this section has been amended by the addition of a new ground which would entitle the wife to claim maintenance. That amendment reads as follows-
If a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife to refuse to live with him.
Unfortunately, the learned Sessions Judge, in disposing of the revision application, seems to have lost sight of this amendment introduced in Section 488. I am, therefore, bound to uphold the claim of the Petitioner and would set aside the orders of the Courts below.
In the view they took of the Petitioner''s claim for maintenance, the Courts below have not ascertained the quantum of maintenance. I would accordingly direct that the Magistrate before whom the application was filed should now proceed to ascertain the status of the parties and fix the amount that the Petitioner would been titled to get towards maintenance and separate residence.
This revision is allowed and the matter is now remanded for trial in accordance with the observations made above.