1. Rule. Rule made returnable forthwith. By consent of the learned counsel for both parties, this petition is taken up for final hearing.

2. The respondent No. 2 filed an application for maintenance under the provisions of section 125 of the Code of Criminal Procedure, bearing Criminal Misc. Application No. 38/2015 before Judicial Magistrate, First Class, Badnapur, District Jalana.

3. It is contended that, respondent No. 2 married with petitioner on 23.01.1993. Respondent No. 2 residing happily with the petitioner for about two months, however, thereafter the petitioner started ill-treatment. Therefore, she started to reside with her parents. It is further contended that, the petitioner has not made provision of maintenance of respondent No. 2. Furthermore, the petitioner has performed second marriage.

4. The petitioner appeared in the Trial Court and submitted his say and has admitted the marriage with respondent No. 2. However, he has denied almost all remaining contents of the petition. It is the specific case of the petitioner that there was divorce between him and respondent No. 2 on 13.08.2004 and the respondent No. 2 has relinquished her right of maintenance and since