( 1 ) WHAT is the limit up to which a wife should tolerate beating and ill-treatment by husband before asserting her right to stay separate from her husband and claim maintenance ? For being entitled to claim maintenance is she required to take care of her minor child and claim custody of the child ? These are some of the questions which require to be resolved in this criminal revision application filed by the petitioner (wife) against an order passed by the trial court refusing to grant her maintenance.

( 2 ) THE petitioner who married opponent No. 2 (husband) somewhere in the year 1910 had preferred an application for maintenance under sec. 125 of the Criminal Procedure code inter alia on the groups that the opponent-husband had ill-treated her and had neglected to maintain her. The application was submitted on 27/02/1981 in the court of JMFC Mangrol and was registered as Misc. Criminal Application No. 13 of 1981. According to her case the opponent-husband had taken divorce from the first wife and there were two children one son and one daughter of the earlier marriage. After her marriage with the opponent No. 2 for about 10 years the parties pulled on together so