D. P. MOHAPATRA, J.

( 1 ) THE question on which the fate of this case hinges is whether, in the facts and circumstances of the case, the wife's claim for maintenance against her husband is entertainable. To be more specific, whether in view of the decree passed by the Civil Court granting the husband's prayer for divorce on the ground of desertion by wife and dismissal of the suit filed by the wife claiming maintenance from her husband in the proceeding under Section 125 of the Code of Criminal Procedure is maintainable.

( 2 ) THE petitioner Sri Jasholal Agrawal alias Jain is the husband of the opposite party Smt. Puspabati Agrawala. In this application filed under Section 482 of the Cr. P. C. , the petitioner has assailed the order of the learned Magistrate, First Class, Kantabanji in C. M. C. No. 41 of 1980 granting the prayer of the opposite party for maintenance and directing him to pay Rs. 300/- per month from the date of filing of the petition which was confirmed by the learned Addl. Sessions Judge, Titilagarh by the order dated 24-11-92 in Criminal Revision No. 6/9 of 1992. The criminal case was registered on the application filed by the opposite party under Section 125, Cr