1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Misc. Application No.1206 of 2008 (Dilip s/o Ganpatrao Kalbande v. Minakshi s/o Dilip Kalbande) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Ms Kavita S. Nikhade, Advocate for Applicant. Shri Y.R. Sonkusare, Advocate for Non-Applicant. CORAM : R.C. Chavan, J. DATE : 6th October, 2008 Heard the learned counsel for the parties. This is an application for transfer of Criminal Case No.25 of 2008 from the file of Judicial Magistrate First Class, Saoner to the Family Court, Nagpur, where the applicant's divorce petition is pending. The learned counsel for the applicant states that the applicant had suffered an accident and part of his skull was removed. She further states that the non-applicant/wife's application for maintenance under Section 125 of the Code of Criminal Procedure is being heard ex parte at Saoner. Since the non-applicant/wife resides at Saoner, she is entitled to file an application for maintenance under Section 125 of the Code of 2 Criminal Procedure at Saoner. The only grievance that the applicant can make is that he was prevented by a good cause from participating in the hearing of the application for maintenance because of his accident. If that be so, this application can be disposed of with direction to the learned Magistrate to allow the applicant to participate in the proceedings before him. The applicant's written statement, which is already filed, be taken on record. The parties are allowed to tender evidence and the matter may be disposed of within a period of 3 months. Needless to mention that the learned Magistrate is at a liberty to grant interim maintenance, if claimed by the non-applicant/wife. With these observations and directions, the application is disposed of. Hamdast granted. JUDGE Lanjewar