Honble TATIA, J.—Heard learned counsel for the parties.

(2). The petitioner has challenged the proceedings initiated under Section 125 Cr. P.C. by the non-petitioner wife. The petitioner and nonpetitioner are Muslim and, therefore, are governed by Muslim Law. They are governed by the provisions under Section 125 Cr. P.C. to limited extent also.

(3). The non-petitioner submitted the first application under Section 125 Cr. P.C. in the court of Additional Chief Judicial Magistrate, Nathdwara on 14.1.2002 and prayed for maintenance @ Rs.1000/- per month. The said petition under Section 125 Cr. P.C. being Criminal Original Case No.32/2002 was decided by the learned trial court vide order dated 31.10.2002 whereby maintenance @ Rs.1000/- per month from the date of application was awarded for non-petitioners son till he attains majority. However, the non-petitioner-wifes maintenance application was allowed to the extent that the petitioner shall pay Rs.1000/- per month to the non-petitioner from 14.1.2002 upto the period of iddat only. This order attained finality. However, the trial court in the same order observed that for other relief about future maintenance, the non-petitioner will be f

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