Order. The question that arises in this case is whether the second wife is entitled to maintenance. The first wife of the petitioner, who was married long ago, is living with him. The petitioner married the respondent some time later and she lived with him for some time and due to differences, she had to leave the house of the petitioner. 2. The right to maintenance conferred by (section 488, Criminal Procedure Code, is a statutory right, the only condition precedent to claim that right in the case of a wife being the existence of the conjugal relation. The rights of a wife and of children to be maintained by the husband and by the actual father is a statutory right and the duty is created by express enactment, independent of the personal law. In the instant case, it was argued that where the husband takes a second wife, it is open to the first wife only to claim the maintenance from the husband whether or not the husband ill-treated her, but the second wife has no claim for maintenance. 3. When the husband marries more than one wife, as it is permitted to Muslims, it is open for the first wife or the second wife or the other wife, as the case may be, to refuse to live with her husband and that will be considered to be just cause for refusal to live with him. But in this case, the second wife is living separately and she alleged that she had to leave her husband’s house due to cruelty. But she was unable to substantiate her allegation that she was ill-treated. Nevertheless, she could claim maintenance on the ground that the husband is living with the first wife. 4. The provisions of section 488, Criminal Procedure Code, are really intended for ensuring some supply of food, clothes and shelter to deserted wives and children. If the second wife is unable to pull on with her husband, who is living with his first wife, it would be a just cause for her to live separately from her husband. Therefore, the second wife, who is the respondent in this case, is entitled to maintenance. 5. For the reasons stated above, this petition fails and is dismissed. S.V.S. ----- Petition dismissed.