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Bombay High Court

NIRANJAN MANGESH WADNERE AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed off as Withdrawn

Holding

The petition was withdrawn and disposed of, rendering any further consideration of the domestic violence order unnecessary.

Summary

The petitioners, a husband, filed a criminal writ petition seeking to set aside a domestic violence order dated 6 July 2024 passed by the Sessions Judge. During the hearing, the petitioners produced a divorce decree dated 13 February 2026, showing that the marriage had been dissolved by a Civil Judge. In view of the divorce, the petitioners requested to withdraw the writ petition. The Court accepted the withdrawal and disposed of the petition. No substantive adjudication on the domestic violence order was made.

Issues considered

  • Whether a domestic violence order can be set aside after the parties have obtained a decree of divorce

Subjects

  • domestic violence
  • divorce decree
  • writ petition
  • withdrawal
  • High Court

Judgment

SMITA       Digitally signed by
            SMITA JOHNSON
JOHNSON     GONSALVES
            Date: 2026.09.16
GONSALVES   18:12:03 +0530




                                      sg                                                                           5.wp3224-24.docx


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                                Criminal Writ Petition No.3224 of 2024

                              Niranjan Mangesh Wadnere And Anr.                                                 … Petitioners
                                       versus
                              The State of Maharashtra and Anr.                                                 … Respondents
                                                                ----
                              Ms. Pooja Phagnekar, for the Petitioners.

                              Mr. Tanveer Khan, APP, for Respondent No.1/ State.
                                                              ----
                                                                                    Coram: Ashish S. Chavan, J.
                                                                                    Date: 16th September, 2026.
                              P.C.:

                              1.       Heard learned Counsel Ms. Pooja Phagnekar for the Petitioners.



                              2.       By way of this writ petition, the Petitioners had sought to set

                              aside the order dated 6th July, 2024 passed by the learned Sessions

                              Judge, Kalyan, arising out of domestic violence proceedings by and

                              between the Petitioner-husband and the Respondent No.2-wife.

                              Today, learned Counsel for the Petitioners has tendered copy of

                              divorce decree dated 13th February, 2026 whereby the Civil Judge

                              (Senior Division) at Rahata has granted divorce to the Petitioner and

                              Respondent No.2 and the marriage between them stands dissolved in


                                                                        Page 1 of 2
                                                           __________________________________________________

                                                            16th September, 2026
     sg                                                                                 5.wp3224-24.docx


view of the consent terms entered into by and between the Petitioner

and Respondent No.2.      Photo copy of the said decree is taken on

record and marked “X” for identification.



3.    In the light of the subsequent developments and the grant of

decree of divorce, learned Counsel for the Petitioners, on instructions,

seeks withdrawal of the petition. Liberty as prayed for is granted.

Petition No.3224 of 2024 is disposed of as withdrawn.




                                                                                (Ashish S. Chavan, J.)




                                        Page 2 of 2
                           __________________________________________________

                            16th September, 2026


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