1 (23) WP 173/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 173 OF 2010 Dr. Mrs. Era Jain .. Petitioner Vs. Sandeep R. Chaudhari .. Respondent Ms. Flavia Agnes for the Petitioner. Mr. N. P. Shimpi for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 25th November, 2010 P.C. 1. Rule. Rule made returnable forthwith. 2. The parties are doctors. The husband has filed the Petition for divorce. Trial has proceeded. 4 witnesses have been examined including the husband. Certain fraud has come to light at a later stage. The husband is required to be cross-examined on such fraud. The wife would be entitled to make an application in that behalf which the competent Court shall consider. 3. Based upon that fraud the wife has taken out an application for prosecuting the husband under Section 195 of the Code of Criminal Procedure for offence under Sections 193, 196, 463, 466 & 471 of the Indian Penal Code. Both the Marriage Petition as well as the Miscellaneous Application for the complaint under Section 195 must proceed in the competent Court. One is not dependent upon the other. Neither can be stayed pending the hearing of the other. The impugned order is 2 (23) WP 173/10 otherwise correct and is not required to be set aside. However it is only modified to the extent that the application itself shall be heard and disposed of expeditiously by the learned Judge. 4. Rule is made absolute accordingly. ( ROSHAN DALVI, J.)