19-WP-3437-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3437 OF 2026 Shahida Pascal Postel …Petitioner Versus Pascal Michel Postel nee Omar Michel Postel & Ors. …Respondents 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 SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.17 18:40:24 +0530 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 Accordingly, the Writ Petition is allowed to be withdrawn and disposed of with liberty as sought. 4.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 22nd June 2026 passed by the learned Judicial Magistrate First Class and the Writ Petition has been filed on 3rd 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