1. This revision petition has been filed challenging the order of maintenance passed by the Family Court, Chavara under S.125 of CrPC in M.C.No.110/2020.

2. The parties are Muslims governed by Muslim Personal Law of India. The petitioner and the respondent were husband and wife. Admittedly they are separated. The petitioner is the husband and respondent is the wife. The petitioner has taken up a contention that he divorced the respondent by pronouncing 'Talaq' and hence the respondent cannot invoke the provision under S.125 of CrPC. However, the Family Court allowed the maintenance case and directed the petitioner to pay monthly maintenance of Rs.7,000/- to the respondent.

3. I have heard Sri. C.S. Manilal, the learned counsel for the petitioner and Sri. Ajaya Kumar G., the learned counsel for the respondent.

4. The learned counsel for the petitioner submitted that the petition under S.125 of CrPC is not maintainable inasmuch as the respondent is a divorced wife. The counsel further submitted that the petitioner has given his retirement benefits to the tune of Rs.7,00,000/- to the respondent by way of fixed deposit and he has already filed O.P.No.405/2023 to declare that the said amou