IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5897 of 2009 DATE:18.11.2010 Between: Syed Shajahan Pasha …… Petitioner And Farzana Banu and 2 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5897 of 2009 ORDER: This single criminal petition under Section 482 Cr.P.C is filed questioning order dated 15.05.2008 passed by the Additional Sessions Judge, Hindupur, Anantapur District in Criminal Revision Petition No.68 of 2008 which was in turn filed as against common order passed by the Judicial Magistrate of the First Class, Penukonda, dated 07.08.2008 in M.C. No.17 of 2006 and M.C. No.6 of 2007. There is no dispute regarding relationship between the parties. The 1st respondent is divorced wife of the petitioner. The 2nd respondent is minor son of the petitioner and the 1st respondent born during their lawful wedlock period. The Magistrate granted maintenance of Rs.1,700/- per month to the 1st respondent from 01.09.2006 to 06.03.2008 and also granted maintenance of Rs.800/- per month to the minor child from 09.04.2007 till he attains age of majority. 2) In this criminal petition, the petitioner’s counsel fairly submitted that he is not questioning award of maintenance granted by the Courts below to the minor child. It is contended that the 1st respondent is not entitled for maintenance under Section 125 Cr.P.C as she is a divorced muslim woman and that she is entitled maintenance only for three months of Iddat period under Section 3 of Muslim Women (Protection Of Rights On Divorce) Act, 1986. The Supreme Court in Shabana Bano V. Imran Khan[1] held that a muslim divorced woman is entitled to claim maintenance under Section 125 Cr.P.C even after the Iddat period of three months and in spite of Section 3 of the said Act. Therefore, no point survives for consideration in this criminal petition. 3) Accordingly, the Criminal Petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J November 18, 2010 ksh [1] 2009(4) Crimes-289(SC)