B. SUBHASHAN REDDY, J.

( 1 ) THIS Criminal Revision raises an important question arising under S. 125 of Criminal Procedure Code (for short cr. P. C. ) as to :a) whether the act of an husband in undergoing vasectomy operation and suppressing the same, marrying a woman resulting in her barrenness amounts to cruelty entitling the said wife to stay apart and claim maintenance under S. 125, Cr. P. C. and b) whether the wife suffering a decree for restitution of conjugal rights is disabled to claim maintenance under S. 125, Cr. P. C.

( 2 ) THE facts briefly stated, thus, are : the revision petitioner (hereinafter referred to as the wife ) and the lst respondent (hereinafter referred to as the husband ) got married during the year 1982. Though it was the first marriage for the wife, for the husband it was the second marriage. Through his first wife, he begot a daughter and two sons and then underwent vasectomy operation. After some time, when his first wife died, he married the petitioner. It is a confirmed finding of fact that the husband did not tell his wife before the 2nd marriage that he underwent vasectomy operation and that she cannot bear children. The wife came to know of the

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