Jagdish Prasad vs Ivth Addl. Sessions Judge And Ors. on 13 February, 1995
In the case of Teja Singh (supra) on the facts and circumstances of that case and in view of Sub-section (4) of Section 125 of the Code of Criminal Procedure that the wife whose application under Section 9 of Hindu Marriage Act had already been dismissed on the ground that she had herself deserted her husband, she was not entitled to maintenance under Section 125 Cr.P.C. In the case of Ravendra Kumar (supra) it was held on the facts and circumstances of that case that the wife was not entitled to receive maintenance allowance from the husband as the Magistrate was bound to take note of the decision of the Civil Court as provided under Section 489(2) of Cr.P.C, even though there was no specific application under that section before him.