- 1 - 3409.486 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3409 OF 2010 Shri Joy Shrikant Thakur .. Petitioner vs Smt.Kavita Joy Thakur .. Respondents with CRIMINAL REVISION APPLICATION NO.486 OF 2010 Kavita Joy Thakur .. Applicant vs State of Maharashtra & ors .. Respondents Mr.Ramesh Ramamurthy for Petitioner in Revn No.486/2010 Ms.Bhavana Shah for Petitioner in W.P.No. 3409/2010 Ms.A.A.Mane APP for State Mr.U.P.Warunjikar for Respt nos. 3 and 4 CORAM: N.D.DESHPANDE, J DATE: 28th February,2011 P.C. 1. These are two matters one being Criminal Writ Petitions filed by the husband against - 2 - 3409.486 wife-respondent and there is Criminal Revision Application filed by Kavita wife of the appellant-husband. Both proceedings are pending before the trial court vide, Criminal Case No. 60 of 2009 under the Protection of Women from Domestic Violence Act, 2005. Both husband and wife were married on 8.5.2004. However, they are living separately for reasons best known to them, for the last four years. The wife is serving in Konkan Railway Corporation Ltd as System Programmer and getting monthly salary of Rs.23,000/- as a permanent employee. She is B.E.and is gainfully employed. The husband is also gainfully employed in Maharashtra Pollution Control Board as a Field Officer. It appears that their relations became very much strained and there was no conciliation thereafter. The in-laws were also party to these proceedings. Therefore, without asking for - 3 - 3409.486 the substantive reliefs by filing petitions either for enforcement of conjugal rights or divorce they are taking recourse to the above mentioned proceedings under the Domestic Violence Act which in fact aims at quick and immediate relief in the nature of protection to those women for there was no laws earlier protecting or caring for, them. Although wife as a women is considered as eligible, in the present case she does not deserve any sympathy because proceedings for maintenance is still before the trial court and before the Sessions Court, are pending. She also complained of harassment etc which requires no consideration or attention as she is living separately from her husband from last more than 4 years. Therefore, after hearing both sides, both Petitions are disposed of at the stage of admission in the following terms : - 4 - 3409.486 (i) Parties are directed to take appropriate proceedings against each other, relating to matrimonial dispute either before the Family Court or before the competent court as per law. Parties have also agreed not to ask for reliefs including maintenance for which reliefs present Petitions are filed. Proceedings under the Domestic Violence Act are set aside and quashed with consent of parties with liberty to file appropriate proceedings for matrimonial dispute, as per law. N.D.Deshpande, J