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2015 Supreme(Bom) 196

S.B.SHUKRE
Narayan Jangluji Thool – Appellant
Versus
Mala – Respondent


Advocates Appeared:
For the Petitioner:H.S. Chitaley, Advocate.
For the Respondent:D.P. Chambhare, Advocate.

JUDGMENT

S.B. SHUKRE, J.

1. Heard.

2. Rule, made returnable forthwith. Heard finally by consent of the parties.

3. By this petition, the petitioners are seeking quashing and setting aside of the complaint filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act, 2005") by the respondent together with order dated 24/7/2014 passed by the learned Judicial Magistrate, First Class, Yavatmal granting interim maintenance to the respondent.

4. According to learned Counsel for the petitioners, the respondent has nowhere averred in the petition that she has been living or at any point of time before filing of the application under the Act, 2005 was living with petitioner No.1 in a relationship arising from marriage or that was similar to a marriage. He also submits that even otherwise, the respondent could not have entered in such a relationship, called the domestic relationship under Section 2 of the Act, 2005 as it is an admitted fact that the respondent is a married woman and her marriage still subsists. In support, he places reliance upon the cases of Durgesh Yuvraj Rahangdale Vs. Rajni Krushnadatta Ukey, 2014 (1) ABR (Cri) 3














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