1. Whether divorce by way of mutual consent will debar a divorced woman to receive maintenance under Section 125, Cr PC is the core question in this application. Before I deal with the issue in hand the facts of the case is being noticed iri brief.

2. The O.P. No. 2, namely, Rinku Devi, was married to the petitioner in the year 1995 at Gaya. On account of estrenged marital life, the O.P. No. 2 had to desert her matrimonial house. In the year, 2000 the petitioner filed a matrimonial suit under Section 9 of the Hindu Marriage Act being Matrimonial T.S. No. 86 of 2000. In the year, 2001 O.P. No. 2 filed a Complaint case under Sections 498-A, 323 and 406 of the IPC and Sections 3/4 of Dowry Prohibition Act bearing Complaint Case No. 56 of 2001. Thereafter, she filed the instant maintenance case under Section 125, Cr PC in the year 2001, being Misc. Case No. 27 of 2001.

3. The O.P.s appeared in M. Title Suit No. 86 of 2000 and prayed that the instant case be amended to one under Section 13 of the Hindu Marriage Act for divorce. In the aforesaid matrimonial suit the O.P. No. 2 stated that she is consenting for the divorce in order to save her life from the petitioner. Consequent