DIBYENDU BHUSAN DUTTA, J.

( 1 ) THE facts and circumstances leading to the instant revisional application may in substance be stated as follows.

( 2 ) THE wife opposite party No. 1 filed on 24-12-85 case under Section 125, Cr. P. C. being Misc. Case No. 149 of 1985 against the petitioner-husband claiming maintenance allowance for herself and her minor son on the ground of neglect and refusal on the part of the petitioner to maintain them. The opposite party No. 1 filed written objection on 26-8-86 admitting that the applicant was his legally married wife and that the minor son for whom the maintenance was claimed by the applicant was born out of the wedlock. During the pendency of that Misc. case, the petitioner filed on 21-12-88 an application under Section 3 (b) and Section 7 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 praying for rejection of the application that was filed under Section 125, Cr. P. C. alleging that he had divorced his wife on 16-3-88 and that the said divorce was intimated to the applicant by the Muslim Marriage Registrar of Kanksa and that in view of the said divorce and the pendency of the application under Section 125, Cr. P. C. on 19 May

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