| SooperKanoon Citation | sooperkanoon.com/849324 |
| Subject | Criminal |
| Court | Mumbai High Court |
| Decided On | Mar-30-2010 |
| Case Number | Criminal Writ Petition No. 37/2008 |
| Judge | A.B. Chaudhari, J. |
| Reported in | 2010(112)BomLR1398 |
| Acts | Protection of Women from Domestic Violence Act, 2005 - Sections 2, 3, 5, 7, 12, 19, 20 and 27; ;Code of Criminal Procedure (CrPC) - Section 125; ;Protection of Women From Domestic Violence Rules, 2006 - Rule 6(1); ;Constitution of India - Article 227 |
| Appellant | Kishor S/O Shrirampant Kale |
| Respondent | Sou. Shalini W/O Kishor Kale, ;master Shantnu S/O Kishor Kale and State of Maharashtra, Through P.S. |
| Appellant Advocate | P.P. Mahalle, Adv. |
| Respondent Advocate | T.H. Udeshi, Adv. for Respdt. Nos. 1 and 2 and;A.P.P for Respdt. No. 3 |
Excerpt:
criminal - maintainability of complaint under domestic violence act-
sections 3, 12, 19, 20 and 27 protection of women from domestic violence
act, 2005 - complaint filed by respondents after 15 years on ground of
cruelty and desertion by petitioner - respondents claimed enhanced
maintenance as compensation for economic abuse under the said act -
application for dismissal of the complaint filed by petitioner dismissed and
the court directed the petitioner to pay enhanced maintenance along with
house rent to respondents - hence, present petition - whether the present
petition for enhance interim is maintainable under the domestic violence
act, 2005 - held, there had been no contact, communication or relationship
between petitioner and respondents for the last 15 years - existence.....order(i) rule is, therefore, made absolute and it is held that misc. criminal complaint case no. 314/2007 before the judicial magistrate first class, court no. 5, amravati under section 12 r/w sections 19 and 20 of the protection of women from domestic violence act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the courts below are quashed.no order as to costs.
Judgment:ORDER
(i) Rule is, therefore, made absolute and it is held that Misc. Criminal Complaint Case No. 314/2007 before the Judicial Magistrate First Class, Court No. 5, Amravati under Section 12 r/w Sections 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the Courts below are quashed.
No order as to costs.