Bhaskaran, J.

R.P. (FC).No.49 of 2005 arises out of M.C.No.561 of 2003 filed by the respondent herein under S.125 of the Code of Criminal Procedure for maintenance and Mat.A.No.76 of 2005 arises out of O.P.NO.191 of 2004 for arrears of maintenance failed by the respondent wife. In the claim for maintenance under S.125 of the Code of Criminal Procedure, the appellant contended that there was already a divorce effected by the pronouncement of talaq on 23-7-1999 and the divorced wife was not entitled for claiming maintenance. Arrears of maintenance was claimed for the period from 29-10-2000 to 28-10-2003. The claim was opposed on the ground that there was already a divorce in 1999 and the respondent is not entitled to claim any maintenance. At the time of argument of the O.P. before the Family Court, a contention was also raised that the respondent was not entitled to claim arrears of maintenance unless she pleaded and proved that she belonged to Shafi sect. This contention was negatived by the Family Court and arrears of maintenance was ordered as prayed for. The family Court also ordered for payment of maintenance at the rate of Rs.1,500/- p.m. from the date of petition a