JUDGMENT

A.M. Ahmadi, CJI. - Special leave granted.

2. The facts in brief reveal that the appellant married the respondent some time in 1970 and then gave birth to two issues from the said wedlock. Unfortunately, her married life was not smooth and in 1980 divorce by mutual consent was obtained under Section 13-B of the Hindu Marriage Act. While granting divorce by mutual consent, no order in regard to maintenance or alimony was made. The decree is silent on that count. Few years later the appellant filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter called the Code) seeking maintenance from the respondent. The learned Magistrate dismissed the application holding that a divorcee woman was not entitled to maintenance once it is found that the divorce was by mutual consent. Against that order the appellant filed a Revision Application to the Sessions Court. The learned Sessions Judge came to the conclusion that the appellant was entitled to maintenance notwithstanding the divorce by mutual consent and remanded the matter to the Trial Court for determining the quantum of maintenance. Against this order of the learned Sessions Judge, the respo