JUDGMENT - ASHOK AGARWAL, J.:--The petitioner is the wife of the 1st respondent. Her application for maintenance being Misc. Appplication No. 8 of 1985 under section 125 of the Code of Criminal Procedure has been rejected by the Court of the Judicial Magistrate, First Class, Khandala. It is rejected on the ground that it is barred by res judicata on account of the dismissal of her previous application being Criminal Misc. Application No. 30 of 1967 of the Court of the Judicial Magistrate, First Class, Wai. The petitioner challenged the order passed in Misc. Application No. 8 of 1985 by filing in the Court of the Session, Satara, Criminal Revision Application No. 242 of 1987. By judgment and order dated 8th August, 1988, the learned Additional Sessions Judge was pleased to affirm the finding of the trial Magistrate that the application for maintenance is not maintainable on the ground that the same is barred by res judicata. Both the trial Court as also the revisional Court have not given their findings on the merits of the claim, but have proceeded to dismiss the application on the ground that the same is barred by res judicata. Hence the short question that arises for my consider

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