Bombay High CourtWP/142/2017dismissed

Jayant S/O. Prafulkumar Bhansali v. Mrs. Sonal W/O. Jayant Bhansali

2017-10-04Hon'Ble Shri Justice Ravi K. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 142 OF 2017 Jayant s/o Prafullakumar Bhansali V/s Mrs. Sonal w/o Jayant Bhansali - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.K. Soni, Advocate for Petitioner.

Mr. A. Shelat, Advocate for Respondent.

CORAM : R.K. Deshpande, J DATE : 04.10.201 7 .

Shri Soni, the learned counsel appearing for the petitioner, submits that the proceedings pending before the Hon'ble Apex Court arise out of an order of remand passed by this Court, by virtue of which, the Family Court was required to deal with the petition for mutual divorce.

The petitioner wanted to stay the proceedings instituted by the respondent under the provisions of Domestic Violence Act, 2005, which include the claim for maintenance, on the ground that the aforesaid case is pending before the Apex Court.

2 wp142of2017 It is not disputed that the proceedings under the Domestic Violence Act have not been kept in abeyance by the Apex Court, pending the decision in the SLP pending before it. Hence, I do not find any reason to interfere with the order impugned and to stay the proceedings under the Domestic Violence Act.

In view of the above, the Writ Petition is dismissed.

JUDGE nandurkar