The short question involved in the present case is, whether a wife having flouted decree for restitution of conjugal rights for no justifiable reason, is entitled to claim maintenance?

2. Marriage between applicant and respondent no. 1 took place on 19.6.2000. Out of wedlock, the couple is begotten with son. Since respondent no. 1-wife left the matrimonial home for her parental house for no justifiable reason and she was not joining back though repeated calls were given by the applicant husband, applicant was constrained to file a petition for restitution of conjugal rights (Civil Suit No. 150-A/03) before the Court at Chindwara. The Additional District Judge, Chindwara was pleased to grant decree for restitution of conjugal rights vide judgment and order dated 1.9.2005. According to the applicant, inspite of the said decree and repeated calls from him, respondent no. 1 failed to join his company as his wife. On the contrary, she filed Misc. Criminal Application No. 36 of 2004 before the Judicial Magistrate, First Class, Narkhed for grant of maintenance under Section 125 Cr. P. C. for herself and for son Himanshu. Learned Magistrate vide judgment and order dated 9th January