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2017 Supreme(Bom) 2205

M.S.SONAK
NARAYAN BABI SALGAONKAR – Appellant
Versus
JAISHREE @ MANASI NARAYAN SALGAONKAR – Respondent


Advocates Appeared:
For the Petitioner: Joseph Vaz Carlos A. Ferreira, Amicus Curiae.

JUDGMENT :

1. Heard Mr. Vaz for the petitioner and Mr. Carlos Ferreira, Amicus Curiae.

2. Taking into consideration the orders made by this Court on 4-12-2015, 4-2-2016 and 24-2-2016, the following questions arise in the present petition :—

(i) Whether an application under section 26 of the Protection of Women from Domestic Violence Act, 2005 (for short, D. V. Act) is maintainable in a suit for divorce, which is purely a civil proceeding ?

(ii) Whether an application under section 26 of the D. V. Act can be made by the “aggrieved person”, as defined under section 2(a) of the D. V. Act only in the proceedings, which are initiated by such “aggrieved person” against the “respondent”, as defined under section 2(q) of the D. V. Act ?

(iii) Whether the need to establish a case of domestic violence, whether prima facie or otherwise, is dispensed with, when a Civil Court or a Family Court entertains an application under section 26 of the D. V. Act and considers grant of reliefs under sections 18 to 22 of the D. V. Act ?

(iv) Whether an appeal under section 29 of the D. V. Act will lie to the Court of Sessions against an order made by the Civil Court or Family Court on an application under sectio
















































































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