Prabha Wd/O Ramesh Arora Vs. Bhagwandas S/O Santomal Pamnani - Court Judgment

Oral Judgment:

1. Heard learned Counsel Mrs. S.P. Deshpande for the applicant and learned Counsel Mr. R.B. Gaikwad for the non-applicant.

2. Admit. Heard finally by consent of learned Counsel for the parties.

3. Applicant Prabha Arora has moved the court of Judicial Magistrate First Class for certain reliefs under the Protection of Women from Domestic Violence Act, 2005. The learned Magistrate had granted certain reliefs at interim stage. The said order was challenged by the applicant before the Sessions Court in appeal. The non-applicant also moved independent appeal before the Sessions Court. As such the applicant and non-applicant both were not satisfied with the order passed by the learned Magistrate. The applicant was not satisfied with the amount granted to her. She wanted enhanced interim maintenance. The non-applicant wanted that order to be scrapped.

4. While deciding both the appeals the learned Additional Sessions Judge on 8th May, 2012 dismissed the appeal filed by the applicant and set aside the order of monthly maintenance of Rs.7,000/- granted to the applicant. The learned Additional Sessions Judge granted the appeal of the non-applicant.

5. It is how the applicant before this Court by way of present application under Section 482 of the Code of Criminal Procedure and 227 of the Constitution of India. During the course of hearing of the present application, it was brought to my notice by Mr. R.B. Gaikwad that final hearing of the application has begun and three witnesses have already been examined. The learned Magistrate is under obligation to decide the application finally by the end of this year in view of the order passed by the learned Additional Sessions Judge. The apprehension of the applicant is that the learned Magistrate might be influenced by the observations made by the learned Additional Sessions Judge, which are sweeping in nature. In this regard, it may be mentioned here that the order passed in appeals by the learned Additional Sessions Judge is also an ad interim order and it cannot in any manner affect the final result of the application pending before the learned Magistrate.

6. The learned Magistrate is not permitted to take into consideration any observations made by the learned Additional Sessions Judge in the order passed in appeals. The apprehension of the learned Counsel for the applicant, therefore, in my opinion, is baseless. In any event, to assure the applicant, it is directed that the learned Magistrate while passing the final order shall not be influenced by any observations made by the learned Additional Sessions Judge while deciding Criminal Appeal No.71/2012 and Criminal Appeal No.94/2012. The learned Magistrate is directed to follow the direction with regard to disposal of the application made by the learned Additional Sessions Judge in appeals.

Accordingly the application stands dismissed.