M.G. Giratkar, J.

Heard. Admit. Heard finally with the consent of the learned Counsel appearing on behalf of the respective parties.

2. Both the matters are against the judgment and order dated 05.12.2011 in Miscellaneous Criminal Application No. 2194 of 2010 passed by learned Judicial Magistrate, First Class, Court No.7, Nagpur and the judgment and order in Criminal Appeal No. 172 of 2014, dated 03rd September, 2013 passed by the learned Additional Sessions Judge2, Nagpur.

3. The facts in brief, which give rise to filing of the present matters, are as under.

That the wife Mrunal Talmale had filed Miscellaneous Criminal Application No. 2194 of 2010 under the provisions of Protection of Women against Domestic Violence Act, 2005 (hereinafter referred as DV Act). The said application was dismissed by the JMFC.

It was partly allowed by learned Additional Sessions Judge on 03.09.2015 and granted maintenance of Rs.1500/- per month to the wife.

4. During the pendency of DV Act proceedings, both the parties filed mutual divorce petition bearing Petition No. A-642 of 2012 before the family Court. Mutual divorce was granted by family Court and it was directed to the husband to pay permanent alimony of Rs.4,32,000/- to the wife. The said decision of family Court was challenged in First Appeal No. 417 of 2014 before this Court. Vide order dated 07.05.2014, this Court set aside the order of family Court granting permanent alimony of Rs.4,32,000/- towards maintenance and granted maintenance of Rs.1,500/- per month. The said order was challenged before the Hon'ble Supreme Court by way of SLP. The said SLP came to be dismissed.

5. Shri Jamal, learned Counsel appearing on behalf of the wife has submitted that the wife is entitled for maintenance till her second marriage.

6. Ms Manju Ghatode, learned Counsel appearing on behalf of the husband has submitted that maintenance is to be granted as per the order of Additional Sessions Judge, Nagpur in Criminal Appeal No. 172 of 2014 from 22.12.2010 to 25.11.2013.

7. After hearing learned Counsel appearing on behalf of the respective parties, there is no dispute that both the parties have filed mutual divorce petition. Divorce was granted with permanent alimony of Rs.4,32,000/- by family Court. The said order came to be modified by this Court in First Appeal No. 417 of 2014 and granted Rs.1,500/- per month. Therefore, the order of maintenance granted by Additional Sessions Judge comes to an end. There is no dispute that wife has performed second marriage on 19th April, 2018. The Family Court Appeal No. 305 of 2014 came to be decided on 10th July, 2017 by this Court and following order is passed.

"For the reasons aforesaid, the family Court appeal is partly allowed. The judgment of the Family Court as far as it directs the husband to pay a sum of Rs.4,32,000/- to the wife in four equal monthly installments w.e.f. 1.1.2014 is set aside. The husband is directed to pay a sum of Rs.1,500/- to the wife every month towards maintenance."

8. There is no dispute that the husband and wife both have performed their second marriages. Husband is having children from his second wife. Now the dispute is whether the wife is entitled for maintenance up to her second marriage. Section 125 of the Code of Criminal Procedure is very clear. It deals with maintenance to wives, children and parents. It reads as under :-

"125. Order for maintenance of wives, children and parents. - (1) If any person having sufficient means neglects or refuses to maintain -

(a) ...

(b) ...

(c) ...

(d) ...

Explanation.

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

This provision clearly shows that even divorced wife is entitled for maintenance. There is no dispute that mutual divorce is granted by family Court in Petition No. A-642 of 2012. Therefore, she is entitled for maintenance. Even as per the judgment of Family Court Appeal No. 305 of 2014 dated 10th July, 2017, husband is