N.Krishnan Nair, J.

Is an ex parte decree for restitution of conjugal rights obtained by a husband a bar to the consideration of his wife’s claim for maintenance under Sec. 125 of the Criminal Procedure Code? That is the question to be resolved in this revision. The 1st respondent herein filed a petition under Sec. 125 of the Code of Criminal Procedure against the petitioner before the Chief Procedure against the petitioner before the Chief Judicial Magistrate, Kasargod claiming maintenance for herself and her minor child (2nd respondent). The 1st respondent is the wife of the petitioner and the 2nd respondent is the child born out of the wedlock. The allegation of the 1st respondent was that the petitioner treated her with cruelty while she was living with him in the matrimonial home. It was further alleged that the petitioner has neglected and refused to maintain the respondents without any lawful excuse despite having sufficient means of income. The petitioner admitted the marriage and also the paternity of the child. But he resisted the petition mainly on the ground that the 1st respondent is disentitled to get maintenance since she is living separately from him wit