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2013 Supreme(Bom) 763

ROSHAN DALVI
Chandrakant Nivruti Wagh – Appellant
Versus
Manisha C. Wagh – Respondent


Advocates Appeared:
Mr. RAJU YAMGAR for Petitioners.
Ms. SUVARNA GAJRE-DHUMAL APP for the State.

JUDGMENT

Rule. Made returnable forthwith.

The petitioner has applied for quashing of the order dated 21st October, 2010 passed by the learned 5th Judicial Magistrate, First Class, Kalyan on 21st October, 2010 and the dismissal of the appeal therefrom on 8th August, 2011 by the additional Sessions Judge, Kalyan.

2. The respondent No.1 who is the wife of petitioner No.1 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) for various reliefs under Section 17 to 22 of the Act and an application under Section 23 of the Act for interim and ex-parte order. The petitioners made an application for dismissal of her application on the ground that an application under the DV Act cannot be made against any adult female person under Section 2(q) of the Act which defines the term “respondent”.

3. The petitioners also made the application that the application under the DV Act was not in a prescribed form which was mandatory under Section 12 as well as under Section 23 of the Act and that the applicant has not furnished details of the previous litigation required under form II.

4. The DV Act is a beneficial legislation. It is meant for protection o




























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