D. N. Mehta, J.-The Petitioner Smt. Shantabai Saitwal in this Criminal Revision Application has impugned the Judgment and Order passed by the learned Sessions Judge, Jalgaon, dated 23.9.1981. By the said Judgment and Order the learned Sessions Judge had allowed the Revision Petition filed by Respondent No. I herein and had set aside the Order passed by the learned Judicial Magistrate, First Class, Baver dated 10.3.1981.

2. Briefly stated, the facts which have given rise to this Criminal Revision Application are the following:

The Petitioner-wife and Respondent No.1 husband were married about 35 years ago. Thereafter the Petitioner-wife and Respondent No. 1-husband separated. Though the date of the separation is not on record. In September 1978 the Petitioner-wife filed an Application under section 125 of the Code of Criminal Procedure, 1973, praying for maintenance from her husband, Respondent No. I, in the Court of the learned Judicial Magistrate, First Class, Baver. By his Judgment and Order dated 16.9.78, the learned Judicial Magistrate, was pleased to grant the Petitioner-wife a sum of Rs. 200/- per month as maintenance.

Respondent No. 1-husband, being aggrieved by the said Order of maintenance passed against him, filed a Revision Application, being Criminal Revision Application No. 116 of 1975, in the Court of the learned Additional Sessions Judge, Jalgaon. The learned Additional Sessions Judge by his Judgment and Order dated 31.7.1979 dismissed the Revision Application filed by the husband.

3. Sometime in the year 1977 Respondent No. 1-husband filed a Petition for divorce against the Petitioner-wife in the Court of learned Additional District Judge, Indore being Marriage Petition No. 43 of 1977. The grounds on which the Decree for divorce was sought were adultery and desertion. The learned Additional District Judge, Indore, was pleased to dismiss the Petition for divorce by his Judgment and Order dated 9.12.1978.

4. Respondent No. 1-husband, being aggrieved by the said Order of dismissal of his Petition, filed an Appeal in the High Court at Madhya Pradesh at Indore, being First Appeal No. 12 of 1979. By its Judgment and Order dated 31.11.1979, the High Court was pleased to allow the Appeal of the husband and pass a Decree for divorce on the ground of desertion.

5. Respondent No. 1-husband thereafter on 18.7.1980 filed an Application before the learned Judicial Magistrate, First Class, Baver, praying that the Order for maintenance passed against him and in favour of the wife be cancelled in view of the changed circumstances. The learned Judicial Magistrate by his Judgment and Order dated 19.3.1981 was pleased to reject the Application made by Respondent No. 1-husband.

6. Respondent No. l-husband thereafter filed a Criminal Revision Application, being Criminal Revision Application No. 58 of 1981 in the Court of Sessions Judge, Jalgaon. The learned Sessions Judge by his Judgment and Order dated 23.9.1981 allowed the Revision Application filed by the husband and ordered that the Order of maintenance in favour of the wife stood cancelled as and from 8 7.1980.

7. The Petitioner-wife has now approached this Court in Revision impugning the Judgment and Order passed by the learned Sessions Judge, Jalgaon.

8. Shri Choudhary, the learned Advocate appearing on behalf of the Petitioner-wife, has made two submissions in this Revision Application. Shri Choudhary, firstly contended that the proceedings initiated by Respondent No husband for cancellation of the earlier order of maintenance were entirely separate proceedings under section 127 of the Code of Criminal Procedure and the learned Sessions Judge had erred in coming to the conclusion that the Decree for divorce passed in favour of the husband, disentitled the Petitioner-wife from receiving the maintenance under the earlier order. Shri Choudhary pointed out that under the Explanation to the Proviso to section 125 of the Code of Criminal Procedure a wife was defined as a “woman w