1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 6953 0F 2009 *** Sagar S/o Tilakchand Verma Versus Radha W/o Sagar Verma *** 1. Heard Mr. Pawar for the Petitioner. Respondent served – absent. 2. Relationship amongst parties as husband and wife is at this stage not disputed since none appears for the Respondent despite service. Learned counsel for the petitioner points out copy of the application under section 10 of Civil Procedure Code filed in Hindu Marriage Petition No.17 of 2009 pending before Civil Judge Senior Division, Aurangabad (Page 32). Para 2 of this Application details the pending proceedings among the parties. Mr. Pawar submits that Divorce Petition is filed by the present petitioner on the ground of adultery, desertion and cruelty on 14th October, 2008. This application is registered as H.M.P. No. 102 of 20089. After filing of this application for divorce by the Petitioner, Respondent wife has filed private complaint which is registered as Misc. Criminal Application NO.363 of 2008 under Domestic Violence Act. Thereafter, according to the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. petitioner, on 14th November, 2008 Respondent wife also files an application under section 125 of Criminal Procedure Code for maintenance which is registered as Criminal Misc. Application NO.413 of 2008 and pends in the Court concerned. Respondent wife also files H.M.P. No.17 of 2009 for restoration of conjugal rights under section 9 of the Hindu Marriage Act on 21st January, 2009. 3. After detailing the pending proceedings with dates thereof, petitioner has prayed for staying the hearing of H.M.P. NO.17 of 2009 filed under section 9 of Hindu Marriage Act by the Respondent/ wife till the decision of H.M.P. No.102 of 2008. This application, after hearing the parties, is rejected by the trial Court, that is how the petitioner is before this Court in writ jurisdiction under the Constitution. 4. The counsel for the Petitioner submits that proceedings which he has pointed out are pending among the parties. It is true that proceedings which have been pointed out, are pending before the various Courts amongst the husband and wife i.e. the present petitioner and respondent. It is significant to note that Misc. Criminal Application No.363 of 2008 is filed under the provisions of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Domestic Violence Act. Section 10 C.P.C. does not apply to the provisions of Domestic Violence Act. This case cannot be considered to be a suit. There is no question of staying this proceeding. It is also not prayed by the present Petitioner. Another proceeding i.e. Criminal Misc. Application No.413 of 2008 is pending on the file of learned Judicial Magistrate First Class, Sillod, filed on 14th November, 2008. The relief claimed by the petitioner in Divorce Petition NO.102 of 2008 is for dissolution of marriage. Such relief cannot be prayed for or granted by the learned Judicial Magistrate, First Class in Misc. Criminal Application NO.413 of 2008. Application of section 10 C.P.C., here also, is out of question. With this, two proceedings remains to be considered i.e. (i) Divorce Petition NO.102 of 2008 filed by the present Petitioner against Respondent/ wife and (ii) H.M.P. No.17 of 2009 under section 9 of the Hindu Marriage Act. The facts of the present case, in my view, does not fit in section 10 C.P.C. to stay the hearing of H.M.P. No.17 of 2009 till disposal of H.M.P. No.102 of 2008 which we do not know would be disposed of by the Court at what point of time. In this 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. view of the matter, order passed by the trial Court, in my view, cannot be said to be perverse or contrary to section 10 C.P.Code. 5. Writ petition stands dismissed in limine, however liberty in favour of the parties, if they desire, to move the appropriate Court for hearing of both the proceedings by one and the same Court. It is made clear that this Court is not of the opinion that these two proceedings to be heard by the same Court. 6. Ad-interim relief granted earlier stands vacated. 7. At this stage, learned counsel seeks suspension of this order for three to four weeks. This order to remain suspended for two weeks from today. [S.B.DESHMUKH, J.] Dated:29/01/2010. ans/6953