ORAL JUDGMENT : - The petitioner - husband has challenged the impugned order dated 19 -9 -1999 passed by the Family Court Aurangabad, in Petition No. E -789/1998 whereby the petitioner has been directed to pay maintenance amount of Rs. 300/ - per month to the respondent - wife from the date of the application by holding that the petitioner has refused and neglected to maintain her and she is entitled to the maintenance even though the petitioner has given divorce to her.

2. The respondent had filed earlier Misc. Application No. 30/1996 under section 125 of the Code of Criminal Procedure (Cr.P.c.) in the Court of the Judicial Magistrate, First Class, Gangapur (JMFC). The parties are governed by the Mohammedan Law. By the said order the JMFC had granted the maintenance in following terms.

"1) The petition of the petitioner No.2 Asma (minor) is granted totally from the date of filing this present petition till future period she is liable for maintenance. The respondent is ordered and directed to pay monthly maintenance @ Rs. 250/ - p.rn. to her towards her maintenance from the date of filing the present petition.

2) The petition for petitioner No.1 is partly allowed. The res

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