V. H. BHAIRAVIA, J.

( 1 ) THIS Criminal Revision Application has been filed by the petitioner (Orig. opponent-husband) challenging the judgment and order dated 29-3-1983 passed by the learned Metropolitan Magistrate, Court No. 3, ahmedabad below application of the opponent dated 10-8-1983 in Misc. Cri. Application No. 150 of 1983. By that application, the petitioner-opponent took preliminary objection regarding the maintainability of Misc. Cri. Application No. 150 of 1983 filed by the respondent-Wife under Sec. 125 of the Cr. P. Code for getting maintenance from the petitioner on the ground that there is bar of res judicata in view of the order passed by the Civil Court against the respondent- wife in Civil Suit No. 1173 of 1977 and H. M. P. Suit No. 298 of 1980 wherein it has been held by the Civil Court that the petitioner-Husband has not deserted the respondent-Wife and she was not entitled to the decree of restitution of conjugal rights and suit was dismissed. Said judgment and order of the Civil court was confirmed by the High Court in appeal being First Appeal No. . 33 of 1979.

( 2 ) IT has been submitted by the learned Counsel appearing on behalf of the petitioner-Husband tha

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