1 WP. 101/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLANT CIVIL JURISDICTION WRIT PETITION NO. 101 OF 2010 Mrs. Clera Sudhir Kale ...Petitioner Vs. Mr. Sudhir Padmakar Kale ...Respondent Mr. R.N. Sanghavi, Advocate for the Petitioner Mr. Shekhar Jagtap, Advocate for the Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 7TH JANUARY, 2011 P.C. : 1. The applicant is the wife of the respondent. The applicant applied for maintenance under Section 125 of Cr.P.C. The applicant has been granted interim maintenance in that Petition. In that same Petition she has taken out another interim application under the Domestic Violence Act for various reliefs on the ground of she being a victim of domestic violence. 2. The parties have separated since 2001. Domestic Violence Act came into force in 2006. The learned Judge has, therefore, observed that prima facie that interim application is not maintainable because the parties had already separated prior to the Act coming into force and hence no domestic violence, 2 WP. 101/2010 even emotional or mental violence, could have been perpetrated upon the wife whilst she did not live with her husband. That prima facie conclusion of the learned Judge in an interim application cannot be interfered with. 3. The husband has already sued for divorce. The wife would be entitled to take out any interim application as per law in that Petition. The wife would also be entitled to permanent alimony as per law in that Petition. The interim maintenance which is directed is being paid. No case for interference is made out. 4. The Writ Petition is dismissed. (SMT. ROSHAN DALVI, J.)