Mrs. Shobha Ganesh Sherve v. Mr. Gangadharan Karupayya

wp-4882.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4882 OF 2015 Mrs. Shobha Ganesh Sherve ... Petitioner Vs.

Mr. GangadharanKarupayya ... Respondent Ms. Sunita Narayanrao Dabhadkar, for the Petitioner. CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 8th JUNE, 2015 P.C.

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The case made out in the Petition under Article 226 of the Constitution of India is that the Petitioner had living in relationship with the Respondent. The Petition discloses that the Petitioner had adopted a remedy by filing appropriate proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005. It appears from Exhibit-A to the Petition that the said proceedings were disposed of in view of the settlement before the Mediator. 2.

Now, the Petitioner wants to invoke Article 226 of the Constitution of India for seeking a direction against the Respondent to pay maintenance. This Petition under Article 226 of the Constitution of India is completely misconceived and cannot be entertained. We, accordingly dispose of the Petition. However, the statutory remedies of the Petitioner are expressly kept open.

( REVATI MOHITE DERE, J ) (A.S. OKA, J )