ORDER

B. Subhashan Reddy, J. - This Criminal Revision raises an important question arising under Sec. 125 of Criminal Procedure Code (for short 'Cr. P.C.') as to:

(a) whether the act of an husband in undergoing vasectomy operation and suppressing the same, marrying a woman resulting in her barrenness, amounts to cruelty entitling the said wife to stay a part and claim maintenance under Section 125 Cr. P.C.; and

(b) whether the wife suffering a decree for restitution of conjugal rights is disabled to claim maintenance under Section 125 Cr. P.C.

2. The facts briefly stated, thus, are:

The revision petitioner here in after referred to as 'the wife') and the 1st respondent (hereinafter referred to as the husband') got married during the year 1982. Though it was the first marriage for the wife, for the husband it was the second marriage. Through his first wife, he begot a daughter and two sons and then underwent vasectomy operation. After some time, when his first wife died, he married the petitioner. It is a confirmed finding of fact that he hushand did not tell his wife before the 2nd marriage that he underwent vasectomy operation and that she cannot bear children. The wife came to