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2013 Supreme(Bom) 722

R.P.SONDURBALDOTA
Vijaya Vasant Sawant – Appellant
Versus
Shubhangi Shivling Parab – Respondent


JUDGMENT

R. P. SONDURBALDOTA, J.

1. The revision petitioner herein is the complainant in Criminal Case No. 150/DVA/2009 filed against her husband and respondents no. 1 to 4 herein in the Court of Judicial Magistrate First Class, Ponda, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as “the Act”). These respondents are her mother-in-law, sister-in-law and brother-in-law. She has also filed an application for protection orders under Section 19 to restrain the respondents and her husband from causing any domestic violence to her and to her child and to restrain them from dispossessing her or obstruct her from entering the matrimonial home at Borivali, as also to restrain respondent no.2 from alienating or encumbering the residential house at Borivali without intimation to her, selling or mortgaging her jewellery in the custody of respondent no.2 and for its return. She has also sought custody of the child. It is admitted position that the revision petitioner has been residing separately from her husband who is not a party to the present petition since 1st April, 2004. The husband had filed petition for divorce in the year 2008. A






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