GANGADHARA RAO, J.

( 1 ) THIS revision case is referred to a bench by our learned brother Madhusudan Rao, J. , on the ground that it Involves a question of considerable importance and is bare of authority.

( 2 ) THE question for our consideration is whether a woman who has-been divorced before the Code of Criminal procedure, 1973 (hereinafter called the new Code) came into force, is entitled to claim maintenance under section 125 of the said code. The respondent, Mumtaz khatoon. was divorced by her husband, raza Khan, on 2-2-1974. The new Code came Into force on 1-4-1974. She filed a petition for maintenance under section 125 (I) of the new Code on 6-5-1974 before the Additional judicial First Class magistrate, Kurnool. The husband took a preliminary objection that the petition was not maintainable, since he had divorced his wife before the New Code came into operation and section 125 (1) of the new Code was not retrospective in operation. The learned Magistrate upheld his objection and dismissed that petition. Against that order the wife filed Criminal revision petition 20 of !974 before the additional Sessions judge, Kurnool. He allowed It holding that section 175 of the new Code

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