KUMAR RAJARATNAM, J.

( 1 ) PETITIONER is the husband. First Respondent is the wife. Second, Third and Fourth respondents are minor children of the petitioner and the first respondent. Petitioner and first respondent were married according to the Mohammedan cus tom on 4-5-1975. Petitioner divorced the first re spondent under Mohammedan Law on 13-10-1984. It is also not in dispute that subsequent to the pronouncement of 'thalak' and issue of notice in this regard, the first respondent filed a petition under S. 125 of the Code of Criminal Procedure claiming compensation at the rate of Rs. 200. 00 in respect of each of the respondents as monthly maintenance.

( 2 ) THE learned Magistrate passed an order on 27 -3-1987 directing the payment of maintenance. Be ing aggrieved by the order dated 27-3-1987, the petitioner preferred a Criminal Revision Petition No. 360/1987 before this Court. The matter was disposed of by this Court on 18-7-1988 by remitting the matter to the learned Magistrate for fresh dis posal after giving an opportunity to the petitioner to cross examine the first respondent the trial Court held that the petition under S. 125, Cr. P. C. , was maintainable and directed that

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