-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL REVISION APPLICATION NO.82 OF 2007 REVISION APPLICATION NO.82 OF 2007 REVISION APPLICATION NO.82 OF 2007 Mohammad Abid Nazir Shaikh ...Petitioner v/s Nilofar @ Shabana R. Shaikh ...Respondent Mr Vivek Salunke i/b Mr P.B. Shah for Petitioner. Mr Y.M. Nakhawa for Respondent. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 7TH JANUARY 2008. -2- P.C. :- 1. By this petition, the petitioner challenges the order passed under section 125 of the Criminal Procedure Code whereby the respondent has been granted maintenance at the rate of Rs.1,000/- p.m. The only question urged before us was that the respondent was divorced by the petitioner. The Family Court has considered that question and has held that the definition of the term ’wife’ appearing in the explanation in section 125 includes a divorced wife. The learned counsel appearing for petitioner submits that because of enactment in the Muslim Women (Protection of Rights on Divorce) Act 1986, the definition of the term ’ wife’ in section 125 of the Code will not be applicable, but the learned counsel was not able to point out from the reply filed before the Family Court that such a question was ever raised. In this view of the matter therefore, we do not find any substance in the application. Application is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. -3- . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)