ORDER This is a petition under Sec.482, Criminal Procedure Code to call for records and quash the proceedings in M.C.No. 145 of 1987 pending on the file of the Judicial First Class Magistrate, Coimbatore. 2. The petitioner and respondent herein are Muslims. The respondent herein is the wife of the petitioner herein. She filed M.C.No.145 of 1987 against the petitioner herein under Sec.125, Criminal Procedure Code seeking maintenance alleging that she was married to the petitioner on 19.5.1948 and six children were born to them and subsequently due to some property dispute between the petitioner and respondent, the petitioner herein beat her and drove her along with her son Abdullah on 5.1.1986 and 5.7.1987 the petitioner married one Habda Begum and that he also filed a suit before District Munsif, Tiruppur and obtained an order of injunction against the respondent from entering into his house. Thus the respondent was sent out of the matrimonial house without sufficient cause and therefore she filed M.C.No. 145 of 1987 before Judicial First Class Magistrate, Coimbatore. The said M.CNo.145 of 1987 was opposed by the petitioner herein contending that the respondent herein got herself divorced under Muslim Law by method known as “Khola” and therefore petition under Sec.125, Criminal Procedure Code, filed by the respondent before the learned Magistrate is not maintainable. The petitioner also denied the other allegations levelled against him by the respondent in M.C.No. 145 of 1987. 3. On these rival contentions, the trial has commenced and number of witnesses have been examined. At this stage, the present petition has been filed to quash the proceedings in M.CNo.145 of 1987 on the file of the learned Magistrate contended that the petition under Sec.125, Criminal Procedure Code, by the respondent before the learned Magistrate is not maintainable as she is a divorced woman, after coming into force of the Muslim Marriages, Maintenance and Dissolution Act 25 of 1986, and after divorce the right of divorced Muslim Woman is only to move the learned Magistrate under Sec.3 of the said Act and she cannot invoke the provisions of Sec.125, Criminal Procedure Code. In support of his contentions, the petitioner has filed number of documents, viz., lawyer's notice issued on behalf of the respondent, Khola document dated 6.1.1986 and the verdict of Khasi dated 26.7.1987 to prove the divorce. In support of his contentions, the petitioner has filed number of documents, viz., lawyer's notice issued on behalf of the respondent, Khola document dated 6.1.1986 and the verdict of Khasi dated 26.7.1987 to prove the divorce. Further it is contended on behalf of the petitioner, in view of the documentary evidence to prove that the respondent voluntarily obtained a divorce against the petitioner by the method under Muslim Law known as “Khola”, which had taken place at the instance of the respondent/wife, she is not entitled to invoke Sec.125, Criminal Procedure Code to claim maintenance before the learned Magistrate. The learned counsel for the respondent did not dispute the proposition that a divorced Muslim is not entitled to invoke Sec.125, Criminal Procedure Code to seek maintenance and such a divorced woman could seek the protection under the Muslim Marriage, Maintenance and Dissolution Act 25 of 1986. However, the learned counsel for the respondent disputed the contention of the petitioner that the respondent voluntarily obtained divorce against the petitioner and further questioned the genuineness of the documents produced and relied on by the learned counsel for the petitioner in support of his contention. It is further contended by the learned counsel for the respondent that such a contention was raised by the petitioner herein before the learned Magistrate, and the learned Magistrate proceeded with the examination of witnesses to consider that issue as well and at this stage the proceedings in M.C.No.145 of 1987 cannot be quashed, and the trial Court should be allowed to proceed. 4. Admittedly, the petitioner and respondent are Muslims and marriage between them took place as per Mohammedan Law. The only issue is whether the respondent herein has divorced the petitioner on her own accord. If she is a divorced woman, the jurisdiction of the learned Magistrate under Sec.125, Criminal Procedure Code will be ousted. Whether the respondent is a divorced woman or not itself is in dispute. Under these circumstances, it is not necessary to go into other contentions raised by the parties. The question whether the respondent is a divorced woman or not is an issue to be gone into by the trial Court on the basis of evidence, oral and documentary and not before this Court under Sec.482, Criminal Procedure Code. Therefore, there is no justification to call for the records and quash proceedings pending before the learned Magistrate at this stage. Therefore, there is no justification to call for the records and quash proceedings pending before the learned Magistrate at this stage. Hence, this petition is dismissed. The learned Magistrate will decide the issue whether the respondent is a divorced woman or not, at the first instance and then proceed further in the matter if the issue is decided against the petitioner. 5. As soon as the records are received, the Magistrate is directed to dispose of the proceedings in M.C.No. 145 of 1987 expeditiously. B.S. ----- Petition dismissed.