1 CRA-218.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.218 OF 2010 Sumit Abhang Devre & Ors. .... Applicants Vs. Mrs. Deepali Sumit Devre & Anr. .... Respondents Shri Sujit J. Pathak i/b ABG & Associates for the Applicants. Shri Uday Warunjikar for Respondent No.1. Shri J.P. Kharge, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: FEBRUARY 17, 2011 P.C: 1. Heard. Rule. Respondents waive service. By consent, rule is made returnable forthwith and taken up for hearing. 2. Both the learned counsel for the parties state that there is no grievance as far as the order dated 6-1-2010 is concerned about the payment of maintenance at the rate of Rs. 4,000/- per month and the other parts of the said order. The grievance is in respect of the order dated 14-1-2010 whereby the learned 2 CRA-218.10 Magistrate had passed virtually an ex parte order restraining the present applicant from obstructing his wife from going into the shared household. The question as to whether shared household is a property of the joint family or not was considered in the light of the judgment of the Supreme Court in the case of S.R. Batra & Another v. Taruna Batra, reported in 2007 (3) SCC 169. 3. The parties agree that they would go back to the learned Magistrate, file appropriate proceedings in respect of the shared household and the learned Magistrate would decide the same afresh. Both the parties undertake to appear before the learned Magistrate and see that the application dated 14-1-2010 is decided afresh within a period of one month. The order dated 14-1-2010 is set aside. Needless to say, this Court has not expressed any opinion on the merits of the said application. 4. The application accordingly stands disposed of. (R.C. CHAVAN, J.)