19. wp 535-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 535 OF 2010 Subrata Swapan Debnath .. Petitioner Vs Reema Subrato Debnath & Ors .. Respondents Mr. R.D. Suryawanshi for the Petitioner Mr. Dharmendra Rohra for Respondent No. 1 Mr.J.P. Kharge, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 26th AUGUST, 2010.. P.C.: 1. Heard learned advocate for the petitioner, learned advocate for respondent no. 1 and learned APP for the State. 2. The petitioner has challenged the judgment and order dated 11th January, 2010 passed by learned JMFC, 7th Court, Thane passed below Exh. 4 in OMA No. 367 of 2009. By the said order, the JMFC directed the petitioner to pay Rs. 10000/- per month to the respondent no. 1 wife from the date of the application till decision of the case. Being aggrieved by the said order, this petition has been preferred. 3. It is common ground that the order passed by the JMFC dated 11th January, 2010 has been passed on the application 1 19. wp 535-10.doc which would be covered under Section 23(1) of Protection of Women from Domestic Violence Act, 2005. This court in the case of Abhijit B. Auti Vs State of Maharashtra reported in 2009(1) Bom.C.R. (Cri) 845 has held in para 25 that the appeal will also lie against the order passed under sub- section (1) and sub-section (2) of the Section 23 of Protection of Women from Domestic Violence Act, 2005 which are passed by the learned Magistrate. In view of this decision, the petitioner has an efficacious remedy to prefer an appeal before the Sessions Court. 4. The petitioner is granted liberty to prefer appeal before the Sessions Court. In order to enable the petitioner to prefer the said appeal, ad-interim relief granted by this Court is extended upto 21st September, 2010. 5. In view of the fact that the matter is pending since a long time, on the appeal being filed before the learned Sessions Judge, the same shall be disposed of by the learned Sessions Judge as expeditiously as possible. 6. Petition is disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 2 19. wp 535-10.doc 3