1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application (APL) No. 278/2011 Kailash Tulshiramji Pavitrakar V/s. Sau. Mina Kailash Pavitrakar ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr M. V. Amale, counsel for the applicant Mr. D. B. Yengal, APP for respondent-State Coram: A.P. Bhangale, J Dated : 11th July 2011 1. By means of this application under Section 482 of Criminal Procedure Code, the applicant has prayed to quash and set aside the order dated 09/11/2010, passed below Exh. 1, in E-Petition No. 114/2010, by the Family Court, Amravati, and also prayed for quashing the said proceedings. 2. It appears that the order which is sought to be questioned passed by learned Judge, Family Court, Amravati, is simply to register the petition subject to office objection. Notice was issued to the applicant herein. The question regarding maintainability of the 2 petition has been kept open, thus, the applicant has an opportunity to contest the petition registered as E-114/2010 in the Family Court, Amravati. Non-applicant wife claims that she has been declared lawfully wedded wife of the applicant herein pursuant to findings recorded by the competent Civil Court. She has also claimed maintenance on the ground that she is depending upon her aged parents and prayed for a sum of Rs. 15,000/- per month as maintenance. Since prima facie position is crystal clear that even a divorced wife is entitled to claim maintenance till she is re-married, I do not find any infirmity in the impugned order. Needless to say, it would be open for the present applicant to agitate the issue of maintainability of applicant before the Family Court. Thus, there is no merit in the present application. Hence application is dismissed. JUDGE Punde