1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION 95 OF 2009 IN CRIMINAL WRIT PETITION NO.2308 OF 2008 Sou.Pratima @ Rani Hemant Nagrale ...Applicant Vs. The State of Maharashtra & Ors. ...Respondents And Shri Hemant Nagrale ...Intervener Mr.G.N.Sadavarte, Advocate for the Petitioner Mr. P.A.Pol, P.P for the State Mr. Subodh Desai, Advocate for the Intervener CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 1ST OCTOBER, 2009 P.C. : 1.We have heard shri. Sadavarte, the learned Counsel for the Applicant, who has filed Criminal Writ Petition No.2308/2008. 2.In this application the Applicant/Petitioner prays for directions against the D.C.P, Zone-I, Mumbai City, not to restrain her from entering into her matrimonial home i.e. the official quarter alloted to Shri. Hemant Nagrale, who has been added as an Intervener in Writ Petition No.2308/2008. 2 3.Mr. Subodh Desai, the learned Counsel appearing for the Intervener states that the Family Court at Mumbai has dissolved the marriage between the parties i.e. the Applicant and Shri Hemant Nagrale by a decree of divorce passed on 2nd February, 2009. Shri. Sadavarte states that the Applicant has filed Mis. Application No.79/2009 before the Family Court to set aside the decree of divorce dated 2nd February 2009 on various grounds and the said application is now listed for orders on 5th October 2009. The fact remains that as of now the decree of divorce dated 2nd February 2009 is in operation and if the Applicant desires to exercise her right to stay in the matrimonial home despite such a decree, her remedy would be before the Family Court in the pending application. If the Family Court or any other competent Court under the Protection of Women from Domestic Violence Act, 2005 passes an order allowing the applicant to occupy, for her residential purposes, the matrimonial home, we have been assured by Shri. Pol, the learned Incharge P.P that no Police Officer will restrain the Applicant from entering into the official quarter, which is in the occupation of the Intervener as of now. We have noted down the assurances and it would be therefore, appropriate for the Applicant to approach either the 3 Family Court at Mumbai or the Competent Forum under the Protection of Women from Domestic Violence Act, 2005 for the relief as prayed for i.e. to reside in her matrimonial home. 4.The application is, therefore, disposed off with liberty to the Applicant to approach the Court/Forum under any of the above mentioned Acts, if so permissible. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]