( 1 ) THIS revision petition arises out of an order dt. 13-2-1985, passed by the Judicial Magistrate, 1st Class, Indore in Cri. Case No. 4 of 1984, thereby rejecting the objection raised by the petitioner about the maintainability of proceedings under S. 125, Cr. P. C. in face of a decree for restitution of conjugal rights.

( 2 ) THE brief facts are that the respondent Smt. Sunita moved an application for maintenance on 6-4-1984. The petitioner-respondent made his appearance on 31-8-1984 and prayed for copy of the petition, which was supplied to him. The case was fixed for reply on 28-9-1984 and as none appeared for the petitioner, the case was directed to proceed ex parte and 18-10-1984 was fixed as the date for ex parte evidence. On 9-10-84, the petitioner filed his reply. On 16-11-1984 a certified copy of the judgment dt. 13-2-1984, passed by the Addl. District Judge, Burhanpur, was also filed on record. By order dt. 18-10-1984 the trial Court permitted the petitioner to participate in the proceedings. The reply filed by him was taken on record and 16-11-1984 was fixed for evidence of both the parties. It was at this stage that the petitioner moved an application