JUDGMENT :

G.B. Patnaik, J. - Revisional order of the Sessions Judge Cuttack setting aside the order of the Magistrate granting interim maintenance in favour of the Petitioner while the application u/s 125 of the Code of Criminal Procedure is pending, is being assailed- in this revision.

2. The parties are muslims and the Petitioner is the wife of the opposite party. ' She filed an application u/s 125 of the Code of Criminal Procedure before the learned Magistrate and along with the said application she filed an application for interim maintenance. That application for inter-maintenance, was registered as criminal. Miscellaneous case No. 34/81 The opposite party filed an objection to the effect that the Petitioner is not entitled to interim maintenance. It was also stated in the objection that the Petitioner left the house of her husband of bar free will by executing a 'Khulanama' and relinquished her dower dues and future maintenance from the husband and therfore, the husband has divorced her and accordingly the wife is not entitled to any interim maintenance relying upon a decision of the Supreme Court in the case of Savitri Rawat Vs. Govind Singh Rawat the Magistrate held that he