Criminal Revision Application No. 50 of 2017. Case: Kaviraj Dattatray Muslonkar Vs Rachana Kaviraj Muslonkar & Anr.. High Court of Bombay (India)

Case NumberCriminal Revision Application No. 50 of 2017
CounselFor Appellant: Mr. Arjun Kode, Advocate and For Respondents: Mr. H.V. Kenjalkar, Advocate, Mr. S.V. Gavand, APP.
JudgesA. M. Badar, J.
IssueProtection of Women from Domestic Violence Act, 2005 - Section 29; Constitution of India - Articles 14, 15, 21
Judgement DateApril 19, 2017
CourtHigh Court of Bombay (India)

Court Information Bombay High Court
Judgment Date 19-Apr-2017
Party Details Kaviraj Dattatray Muslonkar Vs Rachana Kaviraj Muslonkar & Anr.
Case No Criminal Revision Application No. 50 of 2017
Judges A. M. Badar, J.
Advocates For Appellant: Mr. Arjun Kode, Advocate and For Respondents: Mr. H.V. Kenjalkar, Advocate, Mr. S.V. Gavand, APP.
Acts Protection of Women from Domestic Violence Act, 2005 - Section 29; Constitution of India - Articles 14, 15, 21

P.C.:

1. By this revision petition, the revision petitioner / original respondent / husband is challenging the judgment and order passed in an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (for the sake of brevity D.V.Act) filed by the respondent herein / original applicant / an aggrieved person challenging the order passed by the learned Metropolitan Magistrate on 26th August 2016, rejecting her application for interim relief filed in C.C.No.51/DV/2015.

2. Facts necessary for deciding the revision petition are thus:

The respondent herein / an aggrieved person filed an application under Section 12 of the D.V.Act and along with that application she filed an application for interim relief praying for several reliefs by invoking various provisions of the D.V.Act. Out of those reliefs, relief of maintenance for her daughter and interim relief for house rent constitutes the subject matter of this revision petition. The application for interim relief filed in proceedings under the D.V.Act by the respondent herein / an aggrieved person came to be opposed by filing reply by the revision petitioner / husband. After hearing the parties, ultimately, by an order dated 26th August 2016 the learned Metropolitan Magistrate, Mumbai, was pleased to hold that the application does not prima facie disclose domestic violence committed by the revision petitioner / husband on the respondent herein / an aggrieved person. It is observed by the learned Metropolitan Magistrate that it is quite unnatural that the aggrieved person did not file a FIR in the matter and the illtreatment appears to be of the sort of usual wear and tear of the matrimonial relations between the parties. It is further observed by the learned trial Magistrate that the aggrieved person before her is doing a job. With such observations, the application for interim relief came to be rejected. The said order was carried in appeal by the aggrieved person by invoking provisions of Section 29 of the D.V.Act. Her appeal came to be allowed partly by the impugned judgment and order dated 30th November 2016 passed by the learned Additional Sessions Judge, Mumbai. By the impugned judgment and order passed in Criminal Appeal No.725 of 2016 the learned Additional Sessions Judge had set aside the impugned order and directed the revision petitioner herein / husband to pay Rs.10,000/- towards maintenance of daughter of the couple as well as an amount of Rs.10,000/- towards monthly rent from the date of filing of the proceedings under the D.V.Act.

3. I have heard the learned advocate appearing for the revision petitioner / husband at sufficient length. He drew my attention to the fact that after 2011 matrimonial life of the couple started facing rough weather. He argued that on 21st April 2011 first N.C. was lodged against the revision petitioner / husband in respect of the incident dated 12th April 2011 with Nehru Nagar Police Station alleging abuse and assault by hand. He further argued that...

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