Bombay High Court

SHAHIDA PASCAL POSTELversusPASCAL MICHEL POSTEL AND ORS

Decided: 17 September 2026
Disposal: Allowed To be withdrawn

Holding

The writ petition is not maintainable where an alternate remedy under Section 29 of the Protection of Women from Domestic Violence Act, 2005, is available, and the petition may be withdrawn.

Summary

The petitioner, Sonali Milind Patil, filed a criminal writ petition challenging an order dated 22 June 2026 passed by a Judicial Magistrate First Class. The respondents, Pascal Michel Postel and others, contended that the writ petition was not maintainable because an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005, was the appropriate remedy. The petitioner’s counsel sought to withdraw the writ petition and pursue the alternate remedy. The Court allowed the withdrawal and ordered the petition to be disposed of, expressly stating that it had not examined the merits of the case. It further clarified that the petitioner would benefit from the limitation period under the Limitation Act, 1963 from the date of filing (3 July 2026) to the date of disposal (17 September 2026).

Issues considered

Whether the writ petition is maintainable when an alternate remedy under Section 29 of the Protection of Women from Domestic Violence Act, 2005, is available.

Legislation cited

Subjects

writ petition
maintainability
alternate remedy
Protection of Women from Domestic Violence Act
Limitation Act
withdrawal

Judgment

                                                                      19-WP-3437-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
       Digitally                 CRIMINAL WRIT PETITION NO.3437 OF 2026
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:         Shahida Pascal Postel                         …Petitioner
       2026.09.17
       18:40:24
       +0530              Versus
                    Pascal Michel Postel nee Omar Michel Postel & …Respondents
                    Ors.


                    Mr. Ghanshyam Mishra a/w. Ms. Ekta Bhalerao and Mr. Sujeet
                    Chaudhary, for the Petitioner.
                    Dr. Sujay Kantawala a/w. Ms. Mrunalini Deshmukh, Mr. Subhash
                    Jadhav, Ms. Aishwarya Kantawala, Mr. Rishabh Jadhav and Mr. Om
                    Gupte i/b. Parinam Law Associates, for the Respondents.
                    Mrs. M. R. Tidke, APP, for the Respondent-State.


                                           CORAM:      MADHAV J. JAMDAR, J.
                                           DATED :     17th SEPTEMBER 2026
                    PC:-


                    1.       At the outset, Mr. Kantawala, learned Counsel appearing for

                    the Respondents raises an objection to the maintainability of the

                    Writ Petition on the ground that there is an alternate remedy of an

                    Appeal under Section 29 of the Protection of Women from

                    Domestic Violence Act, 2005.



                    2.       In view of the said contention raised by Mr. Kantawala,

                    learned Counsel appearing for the Respondents, Mr. Mishra,




                                                     Page 1
                    Sonali
                                                      19-WP-3437-2026.DOC




learned Counsel appearing for the Petitioner seeks withdrawal of

the Writ Petition with liberty to adopt an alternate remedy.



3.       Accordingly, the Writ Petition is allowed to be withdrawn

and disposed of with liberty as sought.



4.       It is clarified that this Court has not considered the merits

and all contentions, on merits are expressly kept open.



5.       It is further clarified that as the impugned order is dated 22 nd

June 2026 passed by the learned Judicial Magistrate First Class

and the Writ Petition has been filed on 3 rd July 2026 and being

disposed of today, the Petitioner will get the benefit of the

Limitation Act, 1963 from 3rd July 2026 till 17th September 2026.




                                              [MADHAV J. JAMDAR, J.]




                                   Page 2
Sonali

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