Judgment.- The questions that are raised in this criminal revision case are of some import to the claim of minor children for maintenance under section 125 of the Criminal Procedure Code.

2. This criminal revision case arises out of M.C No. 50 of 1975, on the file of the 6th Metropolitan Magistrate’s Court, Hyderabad, filed by the two respondent’s for maintenance against their father, who is the present petitioner. They were of very tender age, two years and one year old, at the time of filing the petition on 10th September, 1975. The father and mother were both employed and in fact the mother, it is so alleged, is getting more emoluments than the father. There were intermittent differences between the spouses and they were living apart on occasions. Consequently the petitioner issued on 27th of May, 1975, a notice to the wife to come back and live with him. Where there was no response he filed a suit for restitution of conjugal rights on 18th of June. 1975. I am informed by his learned Counsel that the suit is now going through its trial in the City Civil Court. Then the present petition was filed by the two children. However soon after filing of the petition, the wife and children

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