( 1 ) AN order for maintenance was passed against the Petitioner. Subsequently he obtained a decree for judicial separation against the wife. On this ground he made an application to the learned Magistrate to cancel the maintenance order. The learned Magistrate refused to cancel or vary the maintenance order and he rejected the application of the petitioner.

( 2 ) UNDER section 488 (4) Criminal Procedure Code no wife shall be entitled to receive an allowance from her husband if she is living in adultery or if without any sufficient reason she refuses to live with her husband or if they are living separately by mutual consent. It is therefore clear that if without any sufficient reason the wife refused to live with her husband she is not entitled to receive maintenance Sub-sec. (2) of sec. 489 Cr. P. C. reads as follows :- where it appears to the Magistrate that in consequence of any decision of a competent civil Court any order made under section 488 should be cancelled or varied he shall cancel the order or as the case may be vary the same accordingly. It is therefore clear that the Legislature has given more importance to the decision of a civil Court on points such