IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 962 OF 2009 IN FIRST APPEAL NO. 200 OF 2009 MRS. SUSANNE BADYARI ALIAS SUSANNE SCHEMBERGER ... Applicant Versus MR. ABDUL GANI BADYARI ... Respondent Mr. Raunaq Rao, Advocate for the applicant. Mr. T. George John, Advocate for the respondent. Coram:- U. D. SALVI, J. Date:- 10th June, 2010 P.C. Heard. Perused. It is not disputed that the applicant and the respondent were married and the marriage has been dissolved by the impugned judgment and decree dated 28.01.2009 passed in Matrimonial Petition No.13/2004/A by the learned CJSD, Mapusa. It is also not disputed that during the pendency of the said matrimonial petition, parties have struck at agreement for resolving the issue of maintenance pending the disposal of the said petition. The said agreement is found recorded in form of memo of meeting of the parties dated 21st October, 2004. Clause 10 of the said agreement refers to handing over of the possession of one shop and 7 studio apartments to the applicant herein by the respondent. A statement is now made on behalf of the respondent that he has not locked the said premises as alleged and he has nothing to do with the said lock. 2. At this stage, the applicant wishes to withdraw the present application for the purpose of resorting to appropriate legal remedy under the protection of Women from Domestic Violence Act, 2005 in a competent Court having jurisdiction to entertain the action taken by law in that regard. Learned Advocate Raunak Rao submits that till the time the applicant moves the appropriate Court for the remedy under the said Act, ad interim relief granted on 11.12.2009 be continued and she may be permitted to break open the said lock. 3. Permission is granted to withdraw the present application with liberty to invoke appropriate remedy under the said Act before the Court competent to entertain such action. The Court entertaining such action shall not be influenced by any of the observations made herein. Permission is granted to break open the lock on the premises, which were handed over to the applicant Susanne Badyari in view of memo of meeting dated 21st October, 2004 filed in Matrimonial Petition No.13/2004/A in the Court of CJSD, Mapusa, in presence of Local Mamlatdar. 4. The Mamlatdar, Bardez Taluka, Dist. North Goa is directed to provide necessary assistance to the applicant for executing this order. Four weeks' time granted for moving the appropriate Court. The application stands disposed of accordingly. Parties to act on the authenticated copy of this order. U. D. SALVI, J. SMA