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- Disposed off as Withdrawn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The petition was withdrawn and disposed of, rendering any further consideration of the domestic violence order unnecessary.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
Checking your session…