JUDGMENT :

P.K.Tripathy, J. - This is the second journey to this Court by the petitioner with respect to the dispute between the parties on the claim of maintenance u/s 125, Cr.P.C. by the opposite party on the ground asserted by her that she is the legally married wife of the petitioner.

2. Opposite party filed Cri. Misc. Case No. 97 of 1993, claiming for maintenance from the petitioner u/s 125, Cr.P.C. on the ground of cruelty and desertion and her destitute condition. While that application was pending in the Court of S.D.J.M., Puri, petitioner filed an application challenging maintainability of the proceeding Under/Section 125, Cr.P.C. on the ground of not taking his consent Under/Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, 'the Act'), so as to continue the proceeding Under/Section 125. Cr.P.C. He also pleaded, interalia, about a divorce between the parties. That application being rejected by learned S.D.J.M., petitioner unsuccessfully challenged that order in the Court of Sessions, and learned First Addl. Sessions Judge, Puri dismissed that revision on merit. As against that, petitioner filed Criminal Misc. Case No. 4558 of 1998 u/s 482,