ORDER:- The Criminal Revision Application is filed by the Petitioner-wife, challenging the legality and correctness of the Order dt. Oct. 30, 1982, passed by the Additional Sessions Judge, Pune dismissing her application for maintenance under S.125 of the Cri PC. The petitioner alleges that she was married to the first Respondent in or about 1970 and out of the said wedlock she gave birth to three children. The Petitioner filed an application under S.125 of the of Cr PC on or about Dec. 11, 1979 alleging that the First Respondent has failed and neglected to maintain her and her child and therefore, he be ordered to pay maintenance at the rate of Rs. 100/- to herself and Rs. 50/- to her son.

2. The First Respondent opposed this application on several grounds. It was averred by the First Respondent that the Petitioner has been living in adultery with one Divate and she has voluntarily left his house some time in the month of August 1979 and since then she has been residing with Mr. Divate and therefore, she is not entitled to claim any maintenance. He also further averred that it is the Petitioner who on her own left the house and in order to attract the provisions of S.125, the Petit

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