JUDGMENT - M. S. VAIDYA, J. :---Criminal Application No. 46 of 1989 is a proceeding initiated under section 482 of the Code of Criminal Procedure, 1973. Criminal Application No. 585 of 1991 was filed initially as Criminal Revision petition, but under the orders passed today, the same was allowed to be converted into an application under section 482 of the Code of Criminal Procedure. Both of these applications involve a common question of law, and the facts are more or less similar. Therefore, with the consent of the advocates for the parties, the same are being disposed of by a common judgment. Both of them are petitions made by wives, whose claim under section 125 of the Code of Criminal Procedure for maintenance has been disallowed by both the courts below.

2. The facts, as-much-as they are relevant for the purposes of this decision in Criminal Application No. 46 of 1989 are as follows:

The petitioner-wife had preferred an application under section 125 of the Code of Criminal Procedure, bearing Criminal Misc. Application No. 36 of 1975, in the Court of Judicial Magistrate First Class, Parner, District-Ahmednagar. After hearing, the same, came to be dismissed on 3-3-1979 on t

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