J.S. Bedi, J.
1. (D/ 11-8-1959) The short point which requires determination in this reference is whether a wife is entitled to live separately and claim maintenance on account of remarriage of her husband. On this point there are conflicting authorities. Tek Chand J. in Tshar v. Mst. Soma Devi A.I.R. 1959 Punj 295 held that mere fact that the husband has contracted a second marriage or has kept a mistress, by itself, is not a valid ground for claiming maintenance, under f Section 488, if the husband has not otherwise neglected or refused to maintain her. Contrary view has been taken by Randhir Singh J. in Smt. Maiki v. Hemraj : AIR1954All30 wherein it has been held that no other ground for refusal to live with the husband need be looked into if there is the good ground of husband's contracting another marriage, for the wife's refusal to live with her husband.
The fact that the wife came once or twice to live with her husband even after his remarriage , does not improve matters in favour of the husband; the same view has been taken by Guha J. in Kun ti Bala Dassi v. Nabin Chandra Das, (S) A.I.R.;, 1955 : Cal 108, by J. N. Wazir C. J. and S. Murtaza Fazl Ali J. in Mst. Biro v. Behari Lai A.I.R. 1958 J and K 47 and by Graver J. in Dr. Mukand Lai v. Smt. yotishmati, 1958 60 Pun LR 314 : A.I.R. 1958 Punj 390. This point arises almost in many cases daily, Although I agree with the authorities quoted later but this point is not free from difficulty. It may, therefore, be decided more authoritatively, by a , larger Bench. I, therefore, direct that the papers be placed before my Lord the Chief Justice for orders.