(1) (12) WP 2556/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 2556 OF 2011 Benhur Ramesh Thakur .. Petitioner Vs. Asmita Benhur Thakur .. Respondent Mr. Abhijit Saravate for the Petitioner. Mr. Sachin B. Thorat for Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 9 th JUNE, 2011. P.C. 1. The Petitioner-husband has challenged the order of Family Court No.4, Pune rejecting the application of the husband for dismissal of Petition as being barred by the principles of res-judicata. 2. The Respondent-wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure for herself and her child. Maintenance for the child was granted. Maintenance for herself was rejected. The Court held that there was no refusal or neglect to maintain the wife. 3. Thereafter the wife filed a Petition under Section 32 of the Divorce Act for restitution of conjugal rights. That Petition would require the wife to show how her conjugal rights would be restituted. That would not be barred upon the maintenance payable to her. The Petitioner-husband contended that the wife would be barred from agitating the issue of restitution of conjugal rights upon her own conduct. That would have to (2) (12) WP 2556/11 be determined in Petition for restitution of conjugal rights. The issues are, therefore, completely different in the two Petitions. The learned Judge has inter alia observed while rejecting the application under Section 11 of the Civil Procedure Code that the matters are totally different. That aspect is correct. The order needs no interference. The Writ Petition is dismissed. (ROSHAN DALVI, J.)