Kps 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.792/2009 Jai Shankar Thangaswamy Nadar. .....Petitioner. V/s State of Maharashtra and another. .......Respondents ............. Mr.R.C.Kaushik, Advocate for the Petitioner. Mr.Rajesh More, APP for the State. Ms.Aarti Bhide, Advocate for the Respondent No.2. Both the Petitioner and the second Respondent are personally present. ............. CORAM : A.S.OKA, J. Dated :­ 06th May, 2009 PC :­ 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the second Respondent. Challenge in this Writ Petition by the Petitioner is to the order dated 21.08.2008 passed by the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai in the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act”). The operative part of the order dated 21.08.2008 reads thus:­ “The respondent shall provide alternate accommodation to the aggrieved person as per the provisions of Sec.19(1)(f) of Protection of Women from Domestic Violence Act, 2005 within one month from today.” 2 In the statutory appeal preferred by the Petitioner, the said order has been confirmed. 3 The learned counsel appearing for the Petitioner stated that in compliance with the said order dated 21.08.2008, the Petitioner is willing to hand over possession of the Flat No.511, B­Wing, Mitha Nagar Co­operative Housing Society Limited, Opp. BMC P/South Ward Office, Municipal Office, Goregaon (West), Mumbai­400062, which he is Kps 2 holding on leave and licence basis. The learned counsel for the Petitioner has tendered an undertaking of the Petitioner which is taken on record and marked as “X” for identification. Paragraphs Nos.1 to 4 of the said undertaking read thus:­ (i) I say that I have been residing at the above mentioned address on Leave and License basis for one year as Licensee. The Leave and License Agreement grants license to me for residential accommodation for a valid period of 11 months from 24th February, 2009 till 23rd January, 2010. Hereto annexed and marked as Exhibit `A’ is a copy of the said Leave and License Agreement. (ii)I say that I am ready to vacate the said premises on or before 20th May, 2009, as my wife Mrs.J Amutha Thangaswamy wishes to reside in the said flat. I say that I have already deposited with the Licensor a sum of Rs.40,000/­ as and by way of security deposit for due and proper performance of the terms and conditions of the said Agreement. (iii)I say that I am ready to pay the monthly rent of Rs.6,000/­ per month only till the existence of the said Leave and License Agreement. I undertake to pay even the electricity charges as per the actual consumption of the said premises. (iv)I say that I will not enter the said premises till the same is occupied by my wife and further undertake to provide her the similar accommodation or extend the present Leave and License agreement after the expiry of the present Leave and License Agreement. 4 The learned counsel for the Petitioner stated that the key of the said flat will be handed over to the Advocate of the second Respondent who is representing her before the learned Magistrate. He stated that the key will be handed over on or before 20th May, 2009. The statement is accepted. 5 The learned counsel appearing for the second Respondent expressed an apprehension that in view of the terms of Leave and License agreement, the Licensor may raise an objection to the second Respondent occupying the said flat. 6 There is already an order of the learned Magistrate directing the Petitioner to make available an alternate accommodation to the second Respondent. Therefore, in case of difficulty, the second Respondent can always approach the Trial Court. Apart Kps 3 from this, the status of the second Respondent as the wife of the Petitioner still continues and therefore, the said apprehension is uncalled for at this stage. 7 The learned counsel appearing for the Petitioner submitted that the second Respondent should ensure that no breach of the terms and conditions of the Leave and License agreement will be committed. The second Respondent is bound to ensure that no such breach is committed as she is going to occupy the said flat. 8 Hence, I pass the following order:­ (i) The undertaking of the Petitioner which is referred hereinabove is accepted. (ii)Thus, as of today substantial compliance has been made by the Petitioner with the order dated 21.08.2008 by providing alternate accommodation to the second Respondent. (iii)The Petitioner will hand over key of the flat to the Advocate on record for the second Respondent representing her before the learned Magistrate on or before 20th May, 2009. (iv)In case of any difficulty in implementation of the order, the parties are free to approach the Trial Court or this Court. (v) Subject to the observations which are made above, the petition is disposed of. JUDGE