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2008 Supreme(Bom) 1500

A.S.OKA
Abhijit Bhikaseth Auti – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr.U.P.Warunjikar with Mr.Nites V. Bhutekar for the petitioner.
Mr.D.P.Adsule, A.P.P for the State.
Mr. S.S.Kulkarni with Mr. Sachin P. Chavan for the respondent No.2.

JUDGMENT

1. The submissions of the learned counsel appearing for the parties were heard on the last date. Following questions arise for consideration in this petition:

(i) Whether an order passed on an application made under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the said Act") is appelable under section 29 of the said Act?

(ii) Whether an appeal will lie under section 29 of the said Act against every order passed by the learned Magistrate in proceedings initiated on the basis of an application made under section 12 of the said Act?

(iii) What is the scope of an appeal under section 29 of the said Act?

Apart from aforesaid questions, there are factual questions arising in this petition.

2. The 2nd respondent is the wife of the petitioner. The marriage between the petitioner and the 2nd respondent was solemnised on 22nd April 2004. According to the case made out by the 2nd respondent, after marriage, she stayed alongwith the petitioner in Flat No.B-10, Rambaug Colony, Kothrud, Pune. As the 2nd respondent found it inconvenient to attend to her duty by residing at the said premises, a flat being Flat No.B-13, Yashganga Residen

























































































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