1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2696 OF 2009 Mohammed Riyaz Shaikh S/o Mohammed Amit Shaikh & Ors. .. Petitioners Vs. Smt.Safia W/o Mohammed Riyaz Shaikh & Ors. .. Respondents Mr.Firoz Ansari for the petitioners Mr.A.S.Gadkari, A.P.P. for the state CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 11TH NOVEMBER, 2009 P.C. : 1. By this petition, the petitioner husband is impugning the judgment and order dt.9.9.09 in C.C. No.101/N/2008 passed by the learned single Judge in the court of Metropolitan Magistrate, 51st Court, Kurla, Mumbai under the provision of the Protection of Women from Domestic Violence Act, 2005. Against the impugned order the petitioner has a remedy of preferring an appeal under section 29 of the Protection of Women from Domestic Violence Act, 2005 which lies before the court of Sessions within thirty days from the date on which the order made by the Magistrate is 2 served on the aggrieved person or the respondent, as the case may be, whichever is later. Therefore, we are not inclined to entertain this writ petition as the petitioner has approached this court by-passing his statutory remedy available to him under the said Act of 2005, for which no justification is made out. 2. The petition is dismissed with liberty to the petitioner to prefer a statutory appeal. We make it clear that we have not examined the merits of the matter and all issues and contentions raised in the petition will be available to the petitioner for being agitated in the appeal. Petition stands dismissed accordingly. ( J. N. Patel, J) (A.A. Sayed, J)