1 wp2255.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2255 OF 2011 KJ Mrs.Krishna Satish Singh (in person) )..Petitioner Versus The State of Maharashtra & Anr. )..Respondents ---- Mrs.Krishna Satish Singh petitioner in person. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 4th August,2011 PC 1 By way of this writ petition, the petitioner has challenged the order passed by the learned single Judge in Writ Petition No.5323 of 2010. The petitioner preferred an application before the Family Court for restitution of conjugal rights against the respondent- husband. As per the arguments of party-in-person, in the said proceedings, she preferred an application for interim maintenance. That application was rejected by the Family Court on the ground that she has failed to prove the factum of marriage. Against that, she has filed review application. The Review Application was also dismissed by the Family Court. The said review order was 2 wp2255.11.sxw challenged before the single Judge. The single Judge has found that the trial Court has observed that the marriage between the petitioner and respondent has not taken place. 2 In our view, writ petition against such order is not maintainable. Party-in-person is unable to explain this aspect as she seems to be illiterate so far as legal knowledge is concerned. She refuses to take legal assistance. In our view, such petition cannot be entertained. It seems perhaps Letters Patent Appeal filed by her, is also dismissed but she is unable to give any particulars. In view of this, Writ petition is dismissed. If any application for conjugal rights is filed and pending before the Family Court, the Family Court may dispose of the same, preferably within a period of six weeks from today. The observations made in this order may not be treated and considered while deciding the maintenance proceedings and the main proceeding may be decided on its own merits and as per the evidence led by the parties. It is presumed that till today, main proceeding for restitution of conjugal rights is pending before the Family Court. If it is already disposed of, then these observations will have no effect. Subject to what is stated above, this petition is dismissed as not maintainable. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J) 3 wp2255.11.sxw