/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1962 OF 2007 Iqbal Mohamed Shaikh ...Petitioner V/s. Smt.Yasmin Iqbal Shaikh & Ors. ...Respondents Mr.R.D. Suryawanshi for Petitioner. Mr.Y.M. Nakhwa APP for the State. CORAM : V.M. KANADE, J. DATED : 8th APRIL, 2008. P.C.:- 1. Heard learned counsel for the Petitioner and learned APP for the State. 2. Petitioner is challenging the order passed by the Sessions Court in Criminal Revision Application No.4/2004 whereby the Additional Sessions Judge rejected the Criminal Revision Application and was pleased to confirm the order passed by the Judicial Magistrate, First Class, Palghar in Misc. Application No.19/2001. / 2/ 3. Brief facts, in nutshell, are that Respondent No.1-wife filed a Misc. Application No.19/01 seeking direction that the Petitioner herein be directed to pay maintenance during Iddat period. It is an admitted position that the petitioner married the Respondent No.1 and their marriage was dissolved on 4/2/2000 and on 20/1/2001, an application was filed by the Respondent U/.3 (A) of Muslim Women' s (Protection of Rights on Divorce) Act. for maintenance. An application was filed challenging the maintainability of the said application on the ground that it is filed after Iddat period and therefore, wife was not entitled to claim maintenance after Iddat period is over. Application which was filed by the Petitioner was rejected by the learned Magistrate and an order was passed directing the Petitioner to pay Rs.1,50,000/- as maintenance. Against this order, petitioner preferred Criminal Revision Application which was also dismissed. 4. This question whether the application can be filed by divorced wife U/.3(A) of Muslim Women' s (Protection of Rights on Divorce) Act is no longer res-integra. Full Bench of this Court in case of Karim Abdul Raheman Shaikh v/s. Shehnaz Karim Shaikh, 2000(3) M.L.J.555 has held that wife is entitled to claim maintenance during Iddat period. Perusal of Section 3(A) of / 3/ the said Act clearly discloses that there is no bar for claiming maintenance after expiry of said period and as such, application which is filed after expiry is maintainable. It is an admitted position that this application was filed after expiry of Iddat period. Both the courts, therefore, held that her application is maintainable. In my view, no case is made out for interfering with the aforesaid orders passed by the Sessions Court and the Magistrate. 5. Learned counsel for the Petitioner, however, submitted that he has deposited an amount of Rs.65,000/- and balance amount of Rs.85,000/- could not be deposited due to financial inability of the Petitioner. He submitted that he be permitted to deposit said amount in instalment. In my view, applicant is at liberty to file an application before the Magistrate seeking payment of said amount in instalment. If such application filed by the Petitioner, within two weeks from today, Magistrate may consider such request made by the Petitioner. Writ Petition is accordingly disposed of in above terms. ( V.M. KANADE, J.)