Aslam Badshaha Sayyad v. Bilkish Aslam Sayyad And ORS

42-wp-751-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.751 OF 2023 Aslam Badshaha Sayyad ... Petitioner V/s.

Bilkish Aslam Sayyad and Ors.

... Respondents Mr. Aditya Raktade for the petitioner.

Mr. A.R. Patil, APP for the respondent No.3/State.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 6, 2023 P.C.:

1.

The order impugned in the petition is interim order. The submission that the respondent No.1 is not legally wedded wife needs to be adjudicated by the Appellate Court before whom statutory Appeal No.29 of 2022 is pending. Interfering in the interim order would amount to prejudging the issues pending before the learned Appellate Court. Considering the limited scope of writ jurisdiction, no case for interference is made out however, it is made clear that it will be open for the petitioner to raise all contentions on merit before the learned Appellate Court which shall be decided in accordance with law.

2.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.)