1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2231 OF 2007 Pushpa Surendra Sharma ... Petitioner Versus The State of Maharashtra & Ors. ... Respondents. Mr. Ghanshyam Upadhya for the petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the Respondents. CORAM: B ILAL NAZKI and S.A. BOBDE, JJ. DATE: JANUARY 21, 2008. P.C.:- 1. This Writ Petition has been filed, seeking a direction from this Court to the Central Bureau of Investigation to investigate the matter concerning fraud committed by the husband of the petitioner in collusion and connivance with some others in filing a petition under Section 13-B of the Hindu Marriage Act, 1955 and obtaining a decree of divorce from the Family Court, without the consent and knowledge of the petitioner, by presenting a dummy woman as if she was the petitioner. 2. The case of the petitioner is that her husband, who is not 2 even made a party to this Writ Petition, has obtained a decree of divorce against the petitioner by producing somebody else, projecting her to be his wife, before the Family Court. Therefore, a fraud has been committed, and the C.B.I. should be directed to investigate. As far as the decree is concerned, that is final so far as this Court is concerned, as on today. It is final for the Police and C.B.I. as well. Unless the decree is set aside, or the Court holds the decree a result of fraud, no police officer can investigate the matter concerning passing of such a decree. 3. This Writ Petition is misconceived, and is accordingly dismissed. However, the petitioner is at liberty to seek appropriate remedies to seek setting aside of the decree on the grounds that may be available to her in law; and after such a decree is obtained, she may take other proceedings. BILAL NAZKI, J. S.A. BOBDE, J.