1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3098 OF 2009 Mr.Azamjan Mohd. Shaikh ... Petitioner versus Mrs.Shahin Azam Shaikh & Anr ... Respondents ... Ms.Anita Patil i/b Mr.Sandip J. Ghogre for the petitioner Mr. Vijay R. Shinde and Ms.Sarla V. Shinde for respondent no.1. Mr.A.S. Shitole APP for the State. CORAM : D.G. KARNIK, J. DATED : 30th November 2009 P.C. 1. I am not inclined to interfere in a writ jurisdiction under Article 227 of the Constitution of India firstly because the petitioner is directed against the interlocutory order and secondly it is in regard to the payment of money by the husband to the wife. 2. Learned counsel for the petitioner submitted that since respondent no.1 has already been divorced, under the Muslim Law she is not entitled to any alimony and therefore the Court below erred in passing the order. This is not an order passed u/s.125 of the Code of 2 Criminal Procedure but passed under the Domestic Violence Act. The petition under Domestic Violence Act was filed on 17th November 2006 whereas according to the petitioner he divorced the respondent no.1 on 10th December 2007 i.e. after the petition was filed and after the acts complaint of happened. In the circumstances, I do not find any merit in the submission of the learned counsel for the petitioner. Petition is accordingly dismissed summarily. (D.G. KARNIK,J.)