JUDGMENT 1.Heard finally with the consent of parties. 2. This petition under Section 397 of Code of Criminal Procedure, 1973 (in short the Code) has been preferred by the petitioner being aggrieved by the order dated 29-06-2011 passed by learned Third Additional Sessions Judge, Bhind in Criminal Revision No. 184/2010 whereby the order of dismissal of application filed under Section 125 of the Code dated 01-10-2010 passed by JMFC, Bhind in MJC No. 12/2009 has been set aside and direction for payment of Rs.1,000/- per month to the respondent as maintenance has been issued. In this petition, the aforesaid order has been called in question by the petitioner. 3. Learned counsel for the petitioner submitted that by mutual consent divorce has taken place between the parties and in support thereof he has drawn attention of this Court towards the order dated 01-09-2009 passed by this Court in F.A. No. 279/2007 (Smt. Shiva Tomar Vs. Premwati Nandan Singh Tomar) paragraph 4 of this judgment is worth quoting: “Consequently, on the basis of consent given by the learned counsel, appearing on behalf of respondent No.1 the appeal of appellant is allowed. A decree of divorce is hereby granted in favour of appellant.” 4. Shri Singhal further submitted that when divorce decree is passed on the basis of consent in that eventuality as per the provisions of Section 125(4) of the Code wife is not entitled to get any kind of maintenance under Section 125 of the Code. In rebuttal, Shri Bhargava opposed the submissions made by petitioner's counsel and submitted that it is a matter of divorce and divorced wife is entitled to get maintenance and she is also entitled to get the relief under Section 25 of Hindu Marriage Act. 5. Having regard to the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that since the decree of divorce was already granted on the basis of consent, therefore, in view of provisions of Section 125(4) of the Code, respondent is not entitled for maintenance under Section 125 of the Code. 6. In the result, the petition filed by the petitioner is allowed. Impugned order passed by learned revisional Court is hereby set aside. No order as to costs.