THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1574 of 2008 ORDER: Petitioner approaches this Court with a prayer to set aside the order passed on 12.05.2006 in Crl.R.P.No.32 of 2005 by the learned II Additional Sessions Judge, Karimnagar at Jagtial, confirming the orders passed by the learned trial Judge whereby he rejected the application filed by the petitioner seeking maintenance under Section 125 Cr.P.C. 2. Heard both sides. 3. It is the concurrent finding of the Courts below. 4. Learned counsel for the petitioner submitted that the courts below erred in passing the order stating that the divorced Muslim wife has no jurisdiction to invoke the provisions under Section 125 Cr.P.C. and when once a permanent settlement was arrived and lumpsum amount was paid, the petitioner is not entitled to invoke the provisions of Section 125 Cr.P.C. 5. The two contentions raised by the learned counsel for the petitioner are erroneous in law in view of the judgments rendered by the Hon’ble Apex Court. Learned counsel for the petitioner relied on the judgment reported in SHABANA BANO v. IMRAN KHAN[1] wherein it is held that the Muslim divorced woman is entitled to get maintenance even in post-iddat period also as long as she does not remarry and the Supreme Court remanded the matter to the trial Court for fresh disposal in accordance with law. 6. This Court is also aware of the fact that one time settlement cannot be a ground to reject the maintenance application. Hence, without setting aside the order passed in M.C.No.12 of 2003 and confirmed in Crl.R.P.No.32 of 2005, the matter is hereby remanded to the Court of the Judicial Magistrate of First Class, Jagitial, for fresh consideration on the evidence adduced. 7. With the above observation, the criminal petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 24th March 2011, Rns. [1] (2010) 1 SUPREME COURT CASES 666