IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.470 of 2006 BIBI PINKY @ YASMIN @ PANKY Versus MOHD.SHAMSHAD AHMAD ----------- 4 28/7/2008 No one appears for the petitioner. Despite service of notice and appearance of opposite party, husband, through a counsel none is also present on his behalf. Considering nature of the impugned order, this Court would direct the court below to reconsider the whole issue taking into account that first wife cannot be compelled to live with the husband against her wishes if during subsistence of such a marriage a second wife has entered into life of the husband. On that ground atleast, it cannot be said that if first wife is not ready to live with the husband, opposite party, that by itself will be a justification to refuse payment of maintenance under section 125 of the Code of Criminal Procedure. In that view of the matter, the impugned order cannot be sustained and the same is accordingly set aside with a direction to the court below to reconsider the whole issue as with regard to grant of maintenance to the petitioner. This application is accordingly allowed. ( Mihir Kumar Jha, J. ) Abhay Kumar