Heard learned counsels for the petitioner and the State.

2. The present Criminal Revision application is directed against the order dated 28.05.2014, passed by learned Principal Judge, Family Court, Katihar, in Maintenance Case No. 34/2008, whereby the petition dated 26.04.2014 filed by the petitioner has been dismissed. The petition dated 26.04.2014 was filed to the effect that since the opposite party no. 2 has preferred a petition under Section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the „Act?) being Case No. 3835/2008 on 17.12.2008, the maintenance application under Section 125 of Cr. P.C., filed by opposite party no. 2, at earlier point of time i.e. on 20.05.2008 is not maintainable.

3. The factual matrix of the case is that the marriage between the petitioner and O.P. No. 2 on 04.01.2005 and birth of a child are not in dispute. Initially, the opposite party no. 2 filed an application under Section 125 Cr. P.C., claiming maintenance, being Maintenance Case No. 34/2008 on 20.05.2008. The petitioner appeared in the maintenance case and filed a show cause to the effect that he has already divorced O.P. No. 2. Subsequen