Rule. Rule made returnable forthwith. By consent of the parties, the matter is taken up for final disposal at the admission stage.

2. The present petition is directed against the final judgment and order dated 8-2-2007 passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision No. 171 of 2005. The brief facts of the case are as under :

3. The petitioner and the respondent No.1 are Muslim by religion and their marriage was solemnized on 27-12-1991. Out of the wedlock, one son and two daughters are begotten. The relations between the parties were strained. The petitioner has sued the respondent for restoration of conjugal rights and during pendency of the proceedings, the respondent-wife had taken "Khula" and the petitioner-husband had relieved her from the marital tie on 1-7-2003.

4. The respondent-wife filed a Criminal Application No. 20 of 2004 claiming maintenance for herself, a son and two daughters, under section 125 of the Code of Criminal Procedure before the learned J.M.F.C. The petitioner appeared before the learned J.M.F.C. and stated that the wife has taken Khula from the petitioner and the petitioner has relieved the respondent-wife from the marital tie and hence the divorce is taken place between the parties. In view of this, he prayed that the application for maintenance under section 125 of Criminal Procedure Code should be dismissed.

5. The karned 8th J.M.F.C. Ahmednagar vide his judgment and order dated 2-9-2005 has allowed the application for maintenance and granted Rs. 1200/- to the respondent-wife and Rs. 900/- p.m. to each of the children.

6. Being aggrieved by the said judgment and order passed by the learned J.M.F.C. Alunednagar, the petitioner filed Criminal Revision bearing No. 171 of 2005. By Order dated 8-2-2007, the Additional Sessions Judge, Ahmednagar dismissed the revision filed by the petitioner. Being aggrieved by the said order in revision the present petition is filed by the petitioner.

7. The learned advocate appearing for the petitioner submitted that the respondent-wife used to visit her parents house frequently. The petitioner has filed proceedings for restitution of conjugal rights and during the pendency of the petition the respondent wife had taken "Khula" on 1-7-2003. He further submitted that as per the provision of Mohammedan Law the wife is entitled to take Khula and Khula is one of the method to dissolve the marriage at wife's request. He further submitted that the Chapter of divorce as contained in "Mulla's principles of Mohammedan Law, 19th Edition, section 319 deals with the topic of Khula and as per the provisions of Mohammedan Law, the respondent-wife is no more wife as the relations between the parties came to an end on 1-7-2003 as husband and wife. He further submitted that the respondent wife has concealed the material fact of Khula in the application under section 125 of Criminal Procedure Code which was filed by her en 15-4-2004.

8. The learned advocate for the petitioner further submitted that the petitioner has filed R.C.S. No. 70 of 2004 which came to be decided by the learned C.J.S.D.

Ahmednagar and in the said proceeding the learned Judge has recorded the findings that the marriage between the parties has dissolved on 1-7-2003. He submitted that the Courts below have failed to consider the fact that the said decision has not been challenged by the respondent-wife and the same has attained finality. It is further argued that the Court's below have failed to consider the findings recorded by the Civil Judge based on the evidence and it was not open for the respondents to submit that the divorce is not effected as per the provisions of law. He further submitted that the Courts below have miserably failed to appreciate the law laid down by this Court in the case of Dagdu Chotu Pathan, reported in 2002(3) MilL] 602. He further submitted that mere pemsal of the said judgment makes it clear that it deals with the matters where husband takes a