JUDGMENT - B.H. MARLAPALLE, J.:---Petitioner - the revision applicant was married to respondent No. 1 Sayeda Masarat Begum as per Muslim religion on 2nd July 1994. Out of the said wedlock, the respondent No. 2 son was born on 1st July 1995. The applicant husband gave divorce to respondent No. 1 on 24-10-1996 in the presence of two witnesses and the Head Kazi at Aurangabad. It is contended by the applicant husband that the wife refused to take the document of divorce entered in the register. The wife filed an application under section 125 of the Code of Criminal Procedure in the Family Court on 27-9-1996 and claimed maintenance for herself and for her son (Petition No. E-319/96). The husband opposed the said claim both on merits as well as on the point of jurisdiction. After hearing both the parties, the learned Judge of the Family Court on relying on a judgment of this Court (D.B.) in the case of (Allabuksh Karim Shaikh v. Noorjahan Allabuksh Shaikh)1, 1994(II) Mah.L.J. 1376 allowed the claim of the wife and son by the impugned judgment and order dated 28-12-1996.

2.Shri Gulam Mustafa, learned Counsel appearing for the applicant, has raised, during the course of his arguments, the f

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