JDUGMENT - H.H. KANTHARIA, J.:---An interesting question of law which arises for considerable in this criminal writ petition is whether a wife is entitled to an order of maintenance under the provisions of section 125 of the Criminal Procedure Code, 1973, against the husband who has obtainded a decree for restitution of conjugal rights from a Civil Court of law.

2. The petitioner wife, Mr. Amina Mohammedali Khoja, made an application for maintenance under section 125 of the Criminal Procedure Code, 1973 in the Court of the learned Judicial Magistrate, First Class, Cout No. 1, Pune, being Miscellaneous Application No. 204 of 1979, on 23rd March, 1979 on various allegations against her husband, Mohammadali Ramjanali Khoja (hereinafter referred to as "the respondent husband"). The learned trial Magistrate who considered the evidence adduced before him, by an order dated 26th February 1983, directed the respondent husband to pay monthly allowance of maintenance at the rate of Rs. 100/- from the date of the application to the petitioner wife and also ordered that he should pay cost of Rs. 100/- to her. Aggrieved by the said order, the respondent husband carried the matter in revision to

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