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2017 Supreme(Bom) 2223

P.N.DESHMUKH
Dhanraj s/o Tukaram Shirsat – Appellant
Versus
Shalini d/o Kisan Wankhade – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.M. Tirukh
For the Respondent: Smt. G. Tiwari

JUDGMENT :

Rule, returnable forthwith. Heard finally with consent of Shri Tirukh, learned Counsel for petitioner, and Smt. Tiwari, learned Additional Public Prosecutor for respondent No. 2. None for respondent No. 1 though served. It is noted that even on the earlier date, none represented respondent No. 1 and with a view to give one more chance to respondent No. 1, matter was adjourned for today.

2. Challenge in this petition is to judgment and order dated 5-5-2017 passed by learned Additional Sessions Judge-2, Akola in Criminal Appeal No. 185/2016 and to order dated 19-12-2016 passed by learned Judicial Magistrate, First Class, Akola in Miscellaneous Civil Application No. 745/2016 vide which application filed by petitioner in domestic violence proceedings initiated by respondent No. 1 came to be rejected. In the said application it was brought on record that after declaration of marriage between parties as null and void, there exists no relationship of any kind between them and as such, proceedings initiated by respondent No. 1 were prayed to be dismissed.

3. Learned trial Court took a view that there is no specific provision in the Protection of Women from Domestic Violence Act, 20
















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