IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.755 OF 2008. Ananda Ravji Ayit. ..Petitioner. versus Sou. Chaya Ananada Ayit & Ors. ..Respondents. .... Mr.H.S. Venegaonkar, for the Petitioner. Mrs.P.P.Shinde, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 27TH AUGUST,2008. : 27TH AUGUST,2008. : 27TH AUGUST,2008. P.C. 1. Heard the Advocate for the Petitioner. The first Respondent and the second Respondents filed an application under section 125 of the Code of Criminal procedure, 1973 claiming maintenance against the Petitioner. By Judgment and Order dated 12th June 2007, the said application was partly allowed by the learned Magistrate. A Revision Application preferred by the Petitioner has been dismissed by the Sessions Court. 2. The submission made by the Advocate for the Petitioner is that by Judgment and Order dated 29th June 2007 passed by the learned Civil Judge Senior Division, Kolhapur on a Petition filed by the - 2 - Petitioner, the marriage between the Petitioner and the first Respondent has been declared as null and void. The submission is that the order granting maintenance may be quashed and set aside in view of the said Judgment of the Civil Court. 3. A remedy of approaching the learned Magistrate by invoking sub-section (2) of Section 127 of the said Code of 1973 is available to the Petitioner, as the Petitioner is seeking cancellation and/ or variation of the order made by the learned Magistrate under Section 125 of the said Code of 1973 on the basis of a decree of competent Civil Court. As the said remedy is available, this Writ Petition under Article 227 of the Constitution of India is not entertained. 4. The Petition is rejected by keeping the aforesaid remedy open. It is made clear that if an application is made by the Petitioner invoking sub-section (2) of Section 127 of the said Code of 1973, the same shall be decided by the learned Magistrate without being influenced by the dismissal of Criminal Revision Application No.140/2007 by the Sessions Court. - 3 - 5 All contentions on merits are kept open. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]