1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1672/2008 Mohd. Ali Syed s/o Mansoor Ali Syed ...vs... Smt. Rehana w/o Mohd. Ali Syed -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 23 rd June, 2008 1. Heard Mr. Quazi, learned counsel for the applicant. 2. The applicant challenges grant of maintenance to the non applicant/wife at the rate of Rs. 900/- per month under Section 125 of the Code of Criminal Procedure. 3. Mr. Kazi, learned counsel submitted that the parties are Muslim. The non applicant was given divorce by the applicant and, therefore, she is not entitled to maintenance under Section 125 of the Code of Criminal Procedure. However, both the Courts below recorded finding of fact that the marriage between the applicant and non applicant still persists, therefore, the proceeding under Section 125 of the Cr. P. C. is maintainable. Both the lower 2 Courts recorded this finding as the applicant failed to take requisite steps prior to the pronouncement of Talak. In this regard, the Courts below relied upon ratio of the judgment of this Court in Syed Mohsin Ali s/o Syed Shaukat Ali; 2006 All M. R. (Cr.) 439. 4. I do not see any perversity or illegality in the approach adopted by both the Courts below so as to enable me to exercise my powers under Section 482 of the Code of Criminal Procedure. The application is, therefore, dismissed. JUDGE kahale