(1) (901) Revn 290/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL REVISION APPLICATION NO. 290 OF 2011 Yusuf Barkatali Idrisi .. Applicant Vs. Salma Barkatali Idrisi & Anr. .. Respondents Mr. A. A. Siddiqui for the Applicant. Mr. Ramesh Ramamurthy for Respondent No.1. CORAM : MRS. ROSHAN DALVI, J. Date : 28 th JUNE, 2011. P.C. 1. The Applicant has challenged the order of interim maintenance of Rs.2,500/- granted to Respondent- wife. The parties admittedly married on 23rd May, 2008. There were disputes and differences soon thereafter. The wife lived separately. She claimed maintenance under Section 125 of the Code of Criminal Procedure. The husband claims that he divorced her under a valid talaqnama sent to her under his letter dated 15th June, 2008. The wife has refuted that she was validly divorced. The husband has not shown that all the requisites to be followed for the divorce as laid down in various Judgments have been satisfied. [See. Zulekha Begum Vs. Abdul Rehman, II (2000) DMC 99 Kar, Shamim Ara Vs. State of UP, 2002 (7) SCC 518, Dagdu Pathan Vs. Rahimbi Pathan, II (2002) DMC 315 Bom FB, Muneer Ahmed Vs. Safia Mateen, I (2007) DMC 550 Kar, Dilshad Begum Ahmadkhan Pathan Vs. Ahmadkhan Hanifkhan Pathan II (2007) DMC 738, Khairunnissa Begum Vs. Aslamkham, II (2008) DMC 332 Bom, Samsuddin Vs. State of U.P. & Badrunnisha, I (2009) DMC 710 All, Kunhimohammad Vs. Ayishakutty ILR (2) (901) Revn 290/11 (2010) 2 Kerla 140, Musstt. Rebun Nessa Vs. Musstt. Bibi Ayesha AIR 2011 Gauhati 36]. 2. The husband has challenged the jurisdiction of the Family Court to grant interim maintenance in an application under Section 125 of the Code of Criminal Procedure. He claims that the wife should have applied only under Section 3 of the Muslims Women (Protection of Rights on Divorce) Act, 1986. This aspect would have to be decided during the trial when the husband shall prove the valid divorce given to his wife. Until then the order of interim maintenance must be complied. 3. The quantum of maintenance is not only reasonable and just but rather on the lower side. It does not call for any interference. 4. Criminal Revision Application is dismissed. (ROSHAN DALVI, J.)