1 S.B. CRIMINAL REVISION PETITION NO.566/2008 Sayed Irfan Ali Vs. State of Rajasthan & Ors. Date of Order :: 29-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Javed Moyal, for the petitioner. Mr. Iqbal Sherani, for the respondent. Heard learned counsel for the parties and perused the impugned order of the learned Family Court, Jodhpur dated 3.4.2008 whereby the interim maintenance was granted. Learned counsel for the petitioner submits that the divorce has taken place and even oral divorce is sufficient under the Muslim law. Learned counsel further submits that once the Muslim lady gets divorce, she is not entitled to get maintenance under Section 125 Cr.P.C. From perusal of the impugned order of the learned Judge, Family Court, Jodhpur it appears that still the matter is subjudice as to whether divorce has taken place or not for the purpose of maintenance under Section 125 Cr.P.C. The affidavits 2 which the learned counsel tries to show before this Court are to be produced where the matter will be decided. Till application under Section 125 Cr.P.C. is finally decided, the order awarding interim maintenance cannot be said to be incorrect, illegal or improper. With the above observation, the revision petition is dismissed and the learned Judge, Family Court, Jodhpur is directed to decide the application under Section 125 Cr.P.C. within a period of two months. Whatever amount has been paid`, will be subject to the decision of the application under Section 125 Cr.P.C. [DEO NARAYAN THANVI],J. Praveen