FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1529 OF 2009 [Mohamed Imran Abubaker Kowda V/s. Shagufta Mohamed Imran Kowda & Ors.] ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : ------------------------------------------------------------------------------------------------------------ Mr. M.S. Kadu, ,adv.for petitioner. Mrs. Alpana Javeri, adv.for respondents. CORAM : S.C. DHARMADHIKARI, J. DATED : 5th JANUARY, 2010. P.C :- 1. This Writ Petition is directed against an interim order passed under Section 125 CrPC. The petitioner-husband challenges this interim order on the ground that the application filed for maintenance under Section 125 CrPC, by the first respondent-wife is not maintainable in law. 2. In my view, it is not necessary to interfere at this inter-locutory stage, more so when the petitioner has all remedies open to raise the plea of maintainability. In case, the petitioner is aggrieved by the final order in the proceedings, then, while impugning and challenging it, he can raise the plea of maintainability of the proceedings before the family court and the jurisdiction of the family court to grant such a relief. All pleas of both sides in that behalf are kept open and shall not be affected by the observations of the trial court or the disinclination of this court to interfere at this inter-locutory stage. With this clarification, the petition is dismissed. (JUDGE)