- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2060 OF 2008 Shri Sharad Dattatraya Mokal ... Petitioner vs Mrs Sarita Sharad Mokal & anr ... Respondents Ms.Shreya Deodhar i.b Mr.S.V.Gavand for Petitioner Ms.A.T.Jhaveri APP for State CORAM: A.S.OKA, J DATED : 15th July, 2009 P.C. 1. Heard learned counsel appearing for the petitioner. He pointed out that the case made out by the petitioner that there was customary divorce between the petitioner and the 1st respondent has been disbelieved by the courts below. He submits that notwithstanding the said order the petitioner can always approach the Civil Court and obtain appropriate declaration from the Civil Court as regards divorce and status of the parties. He seeks permission to withdraw the writ petition with liberty to file a civil suit. 2. It is well settled that a remedy under section 125 of the Code of Criminal Procedure, 1973 is a summary remedy and the findings recorded in the said proceedings as regards the status of the parties never binds the Civil Court and notwithstanding the findings recorded on the status of the parties in such proceedings, the - 2 - parties can always approach the Civil Court and file a suit for claiming appropriate declaration. If such a declaration is granted by the Civil Court, a remedy is available under sub section 2 of section 127 of the said Code of 1973 to apply to the learned Magistrate for cancellation or variation of the order passed under section 125 of the said Code. In view of the legal position, the petition is dismissed as withdrawn with liberty as prayed. The dismissal of this petition will not prevent the petitioner from approaching the Civil court by way of a Civil suit. A.S.Oka,J. - 3 - - 4 -