The interesting question to be decided in the revision is whether the dismissal of a petition filed under Section 125 of Cr.P.C. claiming maintenance debars the wife for ever from claiming maintenance a second application under Section 125 of Cr.P.C. The facts relevant for the case if as follows:- Petitioner is the husband and respondent his wife. They are Hindus. Their marriage was solemnized on 23.5.75. Two children were born in that wedlock. Respondent had filed M.C.7/80 before Judicial First Class Magistrate, Quilandy claiming maintenance under Section 125 of Cr.P.C. Petitioner had claimed maintenance for herself as well as their two children who were then aged 2½ years and 8 months. As per order dated 17.12.80 learned Magistrate on the evidence adduced granted maintenance at the rate of Rs.75/- for the eldest child and Rs.50/- per month for the second child. The claim for maintenance by the respondent wife was rejected on the ground that there is no justifiable ground her to live away from the husband and claim maintenance. Respondent had justified her claim for separate residence on the ground that petitioner was treating her with cruelty and also on the ground th