Jasmina Rohan Ghelani v. State Of Maharashtra, Through Public Prosecutor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3901 OF 2025 Jasmina Rohan Ghelani @ Jasmina Amrutlal Thakkar

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Mitesh Varshney, for the Petitioner.

Ms. S. M. Yadav, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

3rd OCTOBER 2025 PC:- 1.

Heard Mr. Varshney, learned Counsel appearing for the Petitioner and Ms. Yadav, learned APP appearing for the Respondent No.1-State.

2.

At the outset, learned Counsel states that the Respondents have been served. However, none appears for the Respondent Nos.2 to 4.

3.

Mr. Varshney, learned Counsel submits that a very limited relief has been sought in this Writ Petition that the hearing and disposal of all pending Interim and Miscellaneous Applications

filed in DV/337/2021 be expedited. He submitted that there are several Interim Applications are pending in said Domestic Violence proceedings. However, considering the pendency of the matters in the Court of learned Metropolitan Magistrate and even considering pendency of Domestic Violence proceedings, no such order can be passed.

4.

However, it is pointed out that the application seeking maintenance and other reliefs regarding shelter was filed on 28th December 2021 and same is not decided till date. Learned Counsel further submits that there is application filed under Section 91 of the Code of Criminal Procedure, 1973 by the Petitioner on 23rd March 2023 and by the Respondent on 15th February 2023 and those applications are also connected with the application seeking maintenance and other reliefs. He also points out application filed under Section 17(1) and 23(1) of the Protection of Woman from Domestic Violence Act, 2005.

5.

Accordingly, as the application seeking maintenance and other reliefs is pending since 2021, the learned Metropolitan Magistrate, 65th Court, Andheri, Mumbai is requested to decide the

said application (Exhibit-A2, Page Nos. 31 to 48) dated 28th December 2021 seeking maintenance and shelter, as also application (Exhibit-D2, Page Nos. 79 to 81) dated 15th February 2023 filed by the Respondent under Section 91 of the Code of Criminal Procedure, 1973 and application (Exhibit-E2, Page Nos. 84 to 87) dated 23rd March 2023 filed under Section 91 of the Code of Criminal Procedure, 1973 by the Petitioner and application (Exhibit-I2, Page Nos. 109 to 113) dated 1st August 2023 filed under Section 17(1) and 23(1) of the Protection of Woman from Domestic Violence Act, 2005 be decided expeditiously and preferably by 31st January 2026.

6.

Accordingly, the Writ Petition is disposed of in above terms with no order as to costs.

7.

It is clarified that this Court has not expressed any opinion on merits and all contentions of both the parties are expressly kept open.

Digitally signed by SONALI MILIND PATIL Date:

2025.10.04 16:15:32 +0530 [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL