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2018 Supreme(Bom) 883

MANGESH S.PATIL
Baban Trimbak Foke – Appellant
Versus
State of Maharashtra, Through Public Prosecutor, High Court Bench at Aurangabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. M.V. Ghatge
For the Respondents: Ms. V.S. Chaudhari, Mr. D.G. Nagode

JUDGMENT :

Rule.

Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally.

2. The husband, brother-in-laws and sister-in-laws of Respondent No.2 have approached this Court under Article 226 and 227 of the Constitution of India seeking to quash and set aside Criminal Miscellaneous Application No.631 of 2013 pending before the learned Judicial Magistrate First Class, Aurangabad moved by her under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the D.V. Act).

3. Respondent No.2 has filed the application alleging that her husband was the brother of the petitioner Nos.1, 2 and 5 to 9 and respondent No.3. She was residing with her husband in their house at Warud Kazi, Taluka and District Aurangabad, after the marriage was solemnized on 22.05.1987. Unfortunately her husband died on 05.09.1993. Since thereafter the petitioners started physically and mentally torturing her and opposed her staying in their house. She therefore went back to her parental home. They never provided for her maintenance nor were they allowing her to cohabit with them in the shared house. When she demanded her share in the joint












































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