A.V. SAVANT, J.:---Heard all the learned Counsel : Mr. S.V. Kotwal for the petitioner-husband : Miss. Smita Mane for respondent No. 1 wife and Mr. D.N. Salvi, A.P.P. for respondents No. 2 State.

2. This petition has been placed before us pursuant to the order passed by learned Chief Justice as a result of the order dated 19th April, 1995 passed by G.R. Majithia, J., since the learned Judge thought that the view taken by the Division Bench of this Court in the case of (Sharadchandra Satbhai v. Indubai Satbhai)1, 1978 Mh.L.J. 123 required reconsideration in view of the decision of the Apex Court in the case of (Bai Tahira v. Ali Hussian Fissalli Chothia)2, 1979 Mh.L.J. 95 S.C. : A.I.R. 1979 S.C. 362. Majithia, J., observed that the question as to whether a divorced wife has a right to claim maintenance under section 125(1) of the Code of Criminal Procedure, 1973 was important. He, therefore, directed the office to place the matter before the learned Chief Justice. Consequently, the matter has been placed before us for final hearing.

3. In the facts of the case before us the short question which arises for our consideration is whether the first respondent wife against whom the p