Sau Yogini W/O Dnyaneshwar Borade v. Dr Dnyaneshwar S/O Vishwanath Borade

1 6 wp 709.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 709 OF 2019 Sau. Yogini w/o Dnyaneshwar Borade ..vs..

Dr. Dnyaneshwar s/o Vishwanath Borade - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.K. Mishra, Advocate for the petitioner. CORAM :

VINAY JOSHI, J .

DATED :

18/07/2022.

Heard.

2.

The petitioner has waived prayer-clause (i) and (ii) of the petition vide Pursis dated 05.10.2019. The only challenge remained is to the interim order of maintenance passed by the Trial Court in the proceedings under the Protection of Women From Domestic Violence Act, 2005 (for short 'the DV Act'). 3.

The learned Counsel for the petitioner seeks for withdrawal with a liberty to challenge the interim order in the Sessions Court in terms of Section 29 of the DV Act.

4.

In view of the above, the petition stands disposed of since withdrawn. The petitioner is at liberty to challenge the impugned order by way of an appeal before the Sessions Court. If the appeal is filed within a period of two weeks from today, the learned

2 6 wp 709.2019 Sessions Court shall decide the appeal on merits without going into the aspect of limitation.

5.

The petition stands disposed of in above terms.

(VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 18.07.2022 17:06