1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1675 OF 2008 Lakhdip Singh Sidhu Petitioner versus Jaswinder Kaur Lakhdip Sidhu and another Respondents Sachin S. Punde for petitioner. H.J.Dedhi, APP for State. Rajan Salvi for respondent no.1. CORAM : A.S.OKA, J. DATE : 13th July 2009 PC : 1. Heard learned counsel for the petitioner. This petition remained pending in this Court as an effort was being made to put an end to the dispute between the parties as regards custody of the minor children. However, it appears that though efforts were made by the learned counsel for the parties, the mutual settlement could not be arrived at. 2. The prayer in this petition is for quashing the proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the said Act"). Reliance is placed on a decree of divorce passed between the parties under section 13(B) of the Hindu Marriage Act, 1955. The contention of the petitioner is that as there is 2 already a decree of divorce, the proceeding under section 12 of the said Act is not maintainable. The grievance made in the said proceeding is as regards grant of access, payment of maintenance etc. The learned counsel for the petitioner submitted that as the proceeding under section 12 is not maintainable, the same deserves to be quashed. 3. As of today there is no adverse order passed against the petitioner in the said proceedings. The petitioner can always raise the contentions which are raised in this petition when the Trial Court takes up the application under section 12 of the said Act for hearing. If the first respondent makes an application for interim relief or interim protection, it will be open for the petitioner to raise a contention that the proceeding is not maintainable and the learned Magistrate is bound to consider the said contention on its own merits either while deciding the interim application or while finally deciding the proceeding. For that purpose, this writ petition need not be kept pending. Subject to what is observed above, the petition is rejected. All contentions raised by the petitioner are expressly kept open. Considering the mandate of the said Act, it is obvious that the learned Magistrate will expeditiously dispose of the proceedings. (A.S.OKA, J.)