( 1 ) THIS is a revision application by the husband of the maintenance proceedings which were initiated by the opponentwife against this petitioner-husband. Now during the pendency of these proceedings the husband had succeeded in getting a decree for restitution of conjugal rights which would mean that the wife is under an obligation to go and stay with the husband. The right to claim maintenance from the husband ordinarily depends upon the readiness of the wife to fulfil the marital obligation under the roof of the husband. The learned Magistrate had rejected the wifes application on the ground that the husband having procured a decree for restitution of conjugal rights. The learned Addl. Sessions Judge in the wifes revision application disagreed with the trial Magistrate and granted the application and awarded Rs. 150. 00 p. m. as the amount of maintenance from the date of the application namely 12 This has occasioned the present application by the husband.

( 2 ) THE judgment of the Supreme Court in the case of Captain Ramesh Chander Kaushal v. Mrs. Veena Kaushal and others A. I. R. 1978 S. C. 1807 is a clear answer to this point. In paragraph 6 of the said report