Prabhakar Khanderao Waghe @ Bhagwant Pawar Vs. Smt. Hirabai Prabhakar Pawar and Others - Court Judgment

P.C.

The Petitioner husband has challenged the order passed by Judicial Magistrate First Class, Court No.9, Pune dated 27th December, 2010 granting maintenance of Rs.5,000/- each to the wife and the child of the parties and restraining him from having any communication with them. The Petitioner and Respondent No.1 who were married about 40 years ago. Their child Respondent No.2 is shown to be 38 years of age. Respondent No.1 is shown to have lived with the Petitioner for 12 years and thereafter separated. The parties cannot be taken to be living in any domestic relationship. Hence domestic violence act would not apply. Order passed under that act is, therefore, seen to be passed without jurisdiction.

2. Respondent No.2 is stated to be mentally challenged. However, he is not a child as defined in Section 2(b) of the D V Act. The child may be entitled to be maintained as a mentally challenged person under any other law. The Petitioner may make such application under appropriate law in the competent court. However, the impugned order is required to be and is set aside.

3. Criminal Application is disposed off accordingly.