The revision petitioner is the husband and the counter petitioner is his divorced wife. At a time when the marital relationship was subsisting the counter petitioner filed M.C. No. 81 of 1978 for maintenance against the petitioner for herself and her minor child under section 125 of the Criminal Procedure Code before the Judicial First Class Magistrate, Calicut. The Magistrate refused maintenance to the counter petitioner accepting the contention of the petitioner that she is residing separately without justifiable reasons. Maintenance was allowed to the child alone. That order was not challenged by any other proceedings and it has become final.

2. Thereafter alleging desertion by the petitioner the counter petitioner filed O.P. No. 239 of 1980 before the District Judge, Kozhikode for judicial separation under section 10(1)(a) of the Hindu Marriage Act. That petition was allowed and judicial separation was ordered. Then the petitioner filed O.P. No. 69 of 1982 before the same court for dissolution of the marriage under Section 13(1)(a)(i) of the Hindu Marriage Act alleging that they have not resumed cohabitation after the order for judicial separation. In that O.P. the