B.H. MARLAPALLE, J.:---The petitioner was married to the respondent No. 1 Rahimbi; and they begot three children from the said wedlock. However, the respondent No. 1 approached the Judicial Magistrate, First Class at Latur by an application under section 125 of the Criminal Procedure Code for maintenance for herself and for the three children claiming that the petitioner neglected her and the children after he married one Khamrunbee from whom also he begot children. He neglected the applicants and refused to maintain them during the last three years before she approached the learned Magistrate.

2. On receipt of summons, the petitioner appeared before the Magistrate and filed a written statement opposing the claim made by the applicants i.e. the present respondent Nos. 1 to 4. He claimed that he had given Divorce (Talaq) to the respondent No. 1 on 24th February, 1996 in the presence of Qazi and two witnesses and thereafter he had performed the second marriage with Khamrunbee. He also stated that one of the witnesses was a Muslim where as the other one was a Hindu. He, therefore, prayed that the application filed under section 125 of the Criminal Procedure Code be dismissed. T