A.C. Upadhyay, J.

1. Heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Chaudhuri, learned Counsel appearing for the Petitioner and Ms. N. Guha, learned Counsel representing the Respondent.

2. The interesting question to be decided in this revision petition is whether the dismissal of a petition filed under 2 Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.') debars the wife, from claiming maintenance allowance from the husband by filing a second application under Section 125 of the Code of Criminal Procedure.

3. The facts, necessary for disposal of this revision petition, may be stated, in brief, as follows:

The Respondent-wife filed an application under Section 125 of the Code of Criminal Procedure before the learned Judge, Family Court, Kailashahar, North Tripura, claiming maintenance from her husband, the Petitioner herein. The petition so filed by the Respondent was registered as Criminal Misc. Case No. 91/2008.In the said petition, the Respondent stated that the marriage between the parties took place about 22 years back, but because of torture upon her and being instigated by another wife of the husband-Petitioner, she was compelled to desert th