GUMAN MAL LODHA, J.—This application under section 482 Cr.P.C. by Amir Khan against his wife Mst. Mariam and son Tyab has taken a very interesting turn during arguments because the learned counsel has broadened the horizons of the submission invoking Article 25 of the Constitution. According to him section 125 Cr.P.C. so far as explanation to the second proviso of subsection (3) is concerned, it violates Article 25 of the Constitution because it takes away the right of the minorities to follow their religion. The explanation enables a wife to claim maintenance on the simple and mere showing that the husband has contracted a second marriage with the another woman or keeps a mistress. 2. The learned counsel submits that according to the tenets and injunctions of the Mohammedan Law contained in the great pious Quran Sharif, a person who professes Muslim religion is entitled and authorised by religion to contract marriage with four women. The learned counsel submits that being religious injunction any law which results in virtual denial of it or infringement of it or putting limitation over it or in any way creating rider by such enactment would extinguish that religious right and there fore, would be violative of Article 25. 3. The learned counsel has referred to page 109 of a book with the caption "Anudit Quran Majid Sansipat Tika Sahit Sayed Abul Ala Modudi", published by Markazi Maktaba Islami Deihi-6, in 1983, First Edition with the translation in Hindi by Mohammed Farooy Khan. In this sacred book the Chapter under the caption Sura ANNISA (Madine men Utri 176) with a sub caption Allah Ke Nam Se Jo Atyant Karunamay Or-Dayawan Hai contains the following Anarthon Ke Dhan Uneh Wapas Do Ache Mal Ko Bure Mal Se Na Badllo, Aur Unke Mal Ke Saath Milakar Na Kha Jao Yeh Bahut Bada Paap Hai". 4. In this sacred book the Chapter under the caption Sura ANNISA (Madine men Utri 176) with a sub caption Allah Ke Nam Se Jo Atyant Karunamay Or-Dayawan Hai contains the following Anarthon Ke Dhan Uneh Wapas Do Ache Mal Ko Bure Mal Se Na Badllo, Aur Unke Mal Ke Saath Milakar Na Kha Jao Yeh Bahut Bada Paap Hai". 4. Now comes to the relevant portion which reads as under: ^^vkSj vxj rqedksa vukFkksa ds lkFk vU;k; dk Hk; gks rks tks fL=;ka rqEgsa ilUn vk;sa muesa ls nks nks rhu rhu ;k pkj ls fookg dj yks] ysfdu vxj rqEgsa vkkadk gks fd muds lkFk U;k; u dj ldksxs rks fQj ,d ifRu j[kks ;k mu fL=;ksa dks vius nkEiR; thou esa ykvksa tks rqEgkjs dCts esa vkbZ gSA vU;k; ls cpus ds fy;s ;g mfpr jhfr ls vf/kd fudV gS vkSj fL=;ksa ds gd [kqkh ls vnk djksA gka] vxj os Lo;a viuh bPNk ls ;gka dk fgLlk rqEgkjs fy;s NksM+ ns rks mls :fpiwoZd [kk ldrs gks vkSj vius os /ku ftUgsa vYykg us rqEgkjs fy;s thou O;kiu dk lk/ku cuk;k gS] uknku yksxksa dks uk lkSaiksaA ctqt mUgsa [kkus vkSj iguus ds fy;s nks vkSj mUgsa [ksjs lykg nks vkSj vukFkksa dh ijh{kk djrs jgks ;gka rd fd os fuokZu dh vk;q dks igqap tkos vxj muesa ;ksX;rk ikvksa rks muds eky mudksa lkSi nksA ,slk dHkh uk djuk fd U;k; dh lhek dk mYya?ku djds bl Mj ls mlds eky dks tYnh tYnh [kk tkvksa fd os cM+s gksdj vius gd dh ekax djsaxsA vukFk ds tks ljiLr ekynkj gks os ijgstxjh ls dke ys vkSj tks xjhc gks og lkekU; jhfr ds vuqlkj [kk;s fQj tc muds eky lkSaius yxs rks yksxksa dks xokg cukvksa rFkk fglkc ysus ds fy;s vYykg dkQh gSA iq:"kksa ds fy;s ml eky esa fgLlk gS tks eka cki o ukrs nkjh us NksM+k gks o fL=;ksa ds fy;s ml eky esa fgLlk gS tks eka cki ukrsnkjksa us NksM+k gks [kkg FkksM+k gks ;k cgqr og fgLlk vYykg dh vksj ls fufpr gSA** 5. It is significant that the commentator has mentioned the following to explain and amplify the concept of a muslims right to marriage of more than one women and maximum four women. It is significant that the commentator has mentioned the following to explain and amplify the concept of a muslims right to marriage of more than one women and maximum four women. The commentator says as under: /;ku jgs fd ;g vk;kr ,d ls vf/kd ifRu;ka j[kus dh vuqefr nsus ds fy;s ugha vkbZ Fkh] D;ksafd blds fy;s vorfjr gksus ds ifgys gh ;g deZ c) Fkk vkSj Lo;a vYyk ds jlwy us ,d ls vf/kd ifRu;ka ekStwn FkhA okLro esa blfy;s vorfjr gq;h Fkh fd yMkbZ;ksa esa kghn gksus okyksa ds cPps vukFk jg x;s gks mudh leL;k ds gy ds fy;s dgk x;k Fkk fd vxj mu vukFkksa ds gd rqe oSls vnk ugha dj ldrs rks bu fL=;ksa ls fookg dj yks ftuds vukFk cPps gSA 6. It would be thus seen that the holy pious and sacred Quran Sharif according to this paragraph contained in it; and since I am not required here either to discuss much less to adjudicate the great important questions of far reaching consequence about the right of a muslim to have one or more than one woman, therefore, I am limiting my observations to the portion which has been referred to me by learned counsel and that too to the limited extent of its application in the present case; would show that the original basic fundamental bedrock of the permissible right of a muslim to have marriages of more than one woman and maximum four was not motivated or in any way concerned with the general unbridled right for enjoyment of life or sex or having a company. But it was motivated with a great pious sacred object of providing protection to those orphan girls who used to become orphan on account of war or other reasons and, thereafter when the society was not capable of providing them full satisfaction and looking after their necessities, then on great prophet injunctions were revealed that in such cases the best way to provide protection is to marry such orphan girls upto maximum of four with the rider and the condition that all must be treated alike equal and justice must be done to all of them. Any failure in this respect of the husband to give equal treatment or to provide equal justice or to provide equal protection would be violative of the basic intention of object and the purpose of protecting orphans which was kept in the tenets of Quran Sharif by the great prophet. 7. That being so section 125 Cr.P.C. enacted by the legislature is meant for providing such protection in cases where after conducting marriage justice is not done to the weaker spouse and the wife is left high and dry without maintenance on account of neglect or ill-treatment or any other reason whatever the case may be. 8. It is true that the explanation added to the proviso to sub-section (3) taken in itself alone from the context of other clauses of this section would give an impression that second marriage per se simplicitor in itself is sufficient to claim maintenance and nothing more is required to prove. In that context it would certainly raise a serious question of interpretation of the constitution and also of Article 25 and whether section 125 Cr.P.C., sub-section (iii) the proviso and the explanation attached to it by which a muslim woman is entitled to claim maintenance simply on the ground of second marriage of husband would be inconsonance with or in violation of the above tenets injunction and text of the muslim personal law. However, that is a matter which would not be decided in such a casual manner because at the moment neither the full tex of the muslim law has been referred to or is available before me nor it has been debated or there has been dialog nor turning process started so far in any legal court. 9. Before me at the moment there is a simple case where there is a finding of the lower court that the husband neglected the maintenance of the wife in addition to the other finding and these findings are sufficient for grant of maintenance, irrespective of the conduct of the second marriage or not. That being so I would not venture to make reference to a larger Bench in a half hearted manner in a most sensitive matter where the personal law of a community as a whole is involved and where Article 25 of the Constitution will have to be interpreted with all seriousness. That being so I would not venture to make reference to a larger Bench in a half hearted manner in a most sensitive matter where the personal law of a community as a whole is involved and where Article 25 of the Constitution will have to be interpreted with all seriousness. I would, therefore, leave it to be considered, in some other important case if at all it arises. It is sufficient to mention in the present context that the prevalent notion, the prevalent feeling and the prevalent common parlance understanding that a muslim can marry four women according to his personal law is based on the ordinary superficial thinking and understanding without appreciating the great pious sacred object of the great prophet who in the above text of Quran Sharif, provided, this is for the protection of orphans. In all religions the protection of orphans the destitutes, the weakers, sections and weaker sect of the society has always been emphasised and the muslim personal law whether it permits or enables or inspires male to conduct more than one marriages upto four was inspired with the sole object of providing protection to orphans who could not be otherwise looked after and cared for by the society. It is unfortunate that this important salient feature is mostly not known and, therefore, is ignored in the society. 10. Be that as it may since I am not here in this case required to consider in detail this aspect of the case, I would only reject this application with the observation that as far as the present case is concerned, the neglect is proved and under section 482 Cr.P.C. there has been no abuse of process of the court nor it is required for ends of justice that I should interfere in order to deprive a woman from maintenance where one has been granted by the lower courts. 11. 11. Before parting with this judgment I may mention that if a proper case arises, in the proper court, it would certainly be an important question to be considered, debated and then decided if necessary by a larger Bench whether section 125 Cr.P.C. with its sub-section (iii) and the explanation attached to the proviso which permits maintenance merely on the ground of second marriage to a muslim woman in any way violates the constitutional guarantee under Article 25 of the Constitution, because of the Muslim Personal Law permitting more than one marriage. 12. With the above observations, this application is rejected.