JUDGMENT Admitted. Heard finally by consent of both the learned counsel Mr. M.R. Khan, learned counsel is heard on behalf of the applicants and learned Advocate Mr. R.J. Mirza is heard on behalf of the non-applicant. 2. The limited grievance of the applicants is that it was not necessary for the trial Court (Family Court) to frame the following issue in the Application under Section 125 of the Criminal Procedure Code, 1973 : "1. Whether the non-applicant proves that he had given a legal and valid talaq." Learned counsel for applicants Mr. Khan has submitted that this issue could not have been decided in the proceedings u/s. 125 of the Cr. P.C. Learned counsel for non applicant Mr. R.J. Mirza has submitted that the decision on this issue had nothing to do with the issue regarding maintenance and findings of the learned Court thereon, in view of the judgment of the Hon'ble Supreme Court reported at AIR 2010 SC 305 : (2010 ALL MR (Cri) 278 (S.C.)) in the matter of Shabana Bano vs. Imran Khan. Learned counsel Mr. Khan does not dispute any finding with regard to the grant of maintenance to the applicants. As such, both the learned counsel are in agreement that the Issue no. (1) was not necessary to be framed and it was not necessary to give any finding on that issue. 3. Since both the learned counsel agree on that and since the said issue and finding on the said issue was not relevant to the Application in question, I am of the view that the finding given by the learned trial Court on that issue will have to be set aside, by consent of both the learned counsel. I therefore pass the following order: ORDER The affirmative finding given by the Family Court in Petition No. E-17/2011 to issue No.1 with regard to legality or otherwise of talaq is set aside. It is made clear that since the issue framed by the learned trial Court and finding given on the said issue are set aside only because of consensus on the part of learned counsel for both the parties that the said issue could not have been framed in the proceedings u/s 125 Cr. P.C., the present judgment shall not be taken to be a judgment on merits of the case. Application stands disposed off accordingly. Ordered accordingly.