JUDGMENT :

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

2. This criminal revision application has been filed by the applicant (husband) challenging the concurrent findings recorded by the JMFC, Chiplun and Sessions Court, Khed, Ratnagiri.

3. The applicant (husband) and the respondent no.1 (wife) got married on 9 February, 2005. At the time of the marriage, it was applicant’s second marriage, whereas it was respondent no.1(wife’s) first marriage.

4. From the said wedlock, a daughter Mehvish was born on 1 December, 2005 at Chiplun, Ratnagiri.

5. Shortly, after the daughter was born, the husband for the purpose of better earning, went to Saudi Arabia, while the wife and the daughter stayed back at Chiplun (Ratnagiri) and were staying with parents of husband.

6. It is the case of the husband that thereafter the wife along with the daughter in June 2007, left her matrimonial house and started residing with her parents in Chiplun, Ratnagiri.

7. The wife subsequently filed a criminal Misc. Application No. 81 of 2007, claiming the maintenance for her under the provisions of Section 125 of the Code of Criminal Procedure, 1973. After the said proceedings were served upon the husband, shortly thereafter he gave divorce (Talaq) on 5 April, 2008 by registered post to the wife, during the pendency of the maintenance application filed by the wife under section 125 of the Cr.P.C.

8. On 30 June, 2009, the JMFC, Chiplun dismissed the application of maintenance filed by the wife. In the year 2012, the wife filed a Criminal Misc. Application No. 143 of 2012, seeking maintenance for the daughter Mehvish, under the provisions of section 125 of the Cr.P.C. So also, the wife filed an application under section 3(1) (a) of the Muslim Women (Protection of Rights on Divorce) Act 1986, (for short ‘MWPA’) thereby claiming reasonable and fair provision and maintenance to be paid to her, being the Criminal Misc. Application No. 144 of 2012.

9. On 20 August, 2014, an order of maintenance was passed in the maintenance application filed for daughter Mehvish, thereby directing the husband to pay a sum of Rs.3,000/- to the daughter. The parties have admitted that the said order has been complied with as of today.

10. The husband filed his reply to the application filed by the wife under Section 3(1)(a) of MWPA. It was stated in the reply that the said application claiming maintenance, would not be maintainable in law since there is a divorce.

11. By an order dated 20 August, 2014, the JMFC partly allowed the application of the wife thereby granting Rs.4,32,000/- as reasonable and fair provision and maintenance to be paid within two months from the date of the order. Also further directing the husband to handover the articles mentioned in the Schedule A of the application, except the gold ornaments mentioned in the Schedule, within two months from the date of the order. Further the husband was also directed to pay Rs.3,000/- as cost of the application.

12. Being aggrieved by the order passed by the JMFC, the husband challenged the same by way of Criminal Appeal No. 27 of 2014 before the Sessions Court at Khed, Ratnagiri. So also, the wife challenged the order passed by the JMFC by way of Criminal Revision Application No. 43 of 2014 seeking the enhancement of the said amount granted by the JMFC.

13. It is submitted before this Court that in the meantime, from the year 2014 to 2018, sum of Rs.1,50,000/- was paid to the wife by the husband, in intervals.

14. Thereafter the Sessions Court heard the criminal appeal filed by the husband and the Criminal Revision Application filed by the wife, and by its order dated 18 May, 2017, the Sessions Court, dismissed the criminal appeal filed by the husband and partly allowed the application filed by the wife, thereby granting a sum of Rs.9 lacs, as a reasonable and fair provision of maintenance, to be paid within two months from the date of the order. And if the opponent fails to make the payment w