IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANGITRAO S. PATIL, J.
Rekha Balasaheb Patil - Appellant
Versus
Smt. Durgawati Shridhar Patil and Ors - Respondent
Criminal Writ Petition No. 257 of 2018
Decided on : 25-09-2018
Domestic Violence Act, 2005 - Sections 12, 18, 19, 20 and 22 – Judgment order - Denied all the adverse allegations - Domestic violence - petitioner has taken exception to judgment and order passed in Criminal Appeal by learned Additional Sessions Judge whereby judgment and order passed by learned Judicial Magistrate First Class came to be quashed and set aside in PWDVA Application filed by petitioner under Section 12 of Protection of Women from Domestic Violence Act 2005 (D-V- Act for short) - and her deceased husband started residing separate from respondent in that flat with effect - Husband of petitioner died of heart problem- It is alleged that thereafter respondent did not allow petitioner and her son to visit their house on say that after demise of her husband her son and herself had no concern whatsoever with them - Therefore she started residing at her son She further sought a direction against respondents that y should purchase a dwelling house for petitioner at and further claimed share in house in which respondents are residing - She alleged that all of her ornaments and or domestic articles have been wrongfully retained by respondents- She therefore claimed those ornaments and domestic articles as well – Held, petitioner is in exclusive possession of flat no-101- She admits that she has let it on monthly license - She admits in of her evidence that she has received - on various counts after demise of her husband- As such petitioner has sufficient source of income for maintenance of her son and that of herself is no whisper about se facts in application filed by petitioner - As such she has suppressed material facts for getting reliefs against respondents through Court Considering above facts and circumstances of case petitioner was not entitled to claim any reliefs against respondents by filing application under Section 12 of D.V Act - learned Judicial Magistrate did not appreciate facts of case as well as evidence on record correctly and properly and wrongly allowed application- learned Judge of Appellate Court has rightly quashed and set aside judgment and order passed by learned Judicial Magistrate - Petition is dismissed
1. Rule, made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
2. The petitioner has taken exception to the judgment and order dated 06th October, 2017 passed in Criminal Appeal no. 154 of 2016 by the learned Additional Sessions Judge, Jalgaon, whereby the judgment and order dated 29th November, 2016 passed by the learned Judicial Magistrate First Class, Jalgaon, came to be quashed and set aside in PWDVA Application no. 100 of 2014 filed by the petitioner under Section 12 of Protection of Women from Domestic Violence Act, 2005 (“D.V. Act” for short).
3. The petitioner got married to one Balasaheb, who was the son of respondent no.1, on 21st February, 2003. Respondent no.2 is the brother-in-law and respondent nos. 4 and 5 are the sisters-in-law of the petitioner. Respondent no.3 is the wife of respondent no.2. The father-in-law of the petitioner viz. Shridhar Parshuram Patil died on 03rd March, 2015. Respondent nos. 2 to 4 are residing in the house belonging to respondent no.1 bearing no. 51, 2/2, Gruharachna Housing Society, Wadgaon Sheri, Pune14. The petitioner is presently residing at Jalgaon.
4. Admittedly, after the marriage, the petitioner started residing in the house in which presently respondent nos. 1 to 4 are residing. After some days, the petitioner and her husband started residing separate in two rooms on the first floor of the said house. It is stated in paragraph no.5 of the application that respondent no.1 used to take rent from the deceased husband of the petitioner in respect of those two rooms. The deceased husband of the petitioner purchased a flat bearing no. 101, D2, Prasad Nagar, Wadgaon Sheri, Pune. The petitioner and her deceased husband started residing separate from respondent nos. 1 to 4 in that flat with effect from 10th October, 2008. The husband of the petitioner died of heart problem on 16th May, 2009. It is alleged that thereafter respondent nos. 1 to 4 did not allow the petitioner and her son to visit their house on the say that after the demise of her husband, her son and herself had no concern whatsoever with them. Therefore, she started residing at Jalgaon alongwith her son.
5. It is the case of the petitioner that her deceased husband Balasaheb was earning Rs.1,25,000/- per month towards salary. He spent a lot of money for repairs and maintenance of the house in which respondent nos. 1 to 4 are residing. It is further alleged that respondent nos. 1 to 5 used to harass, humiliate and insult the petitioner when she was residing with them. They were harassing her even after she started residing separate from them in flat no. 101. It is alleged that respondent no.2 had demanded Rs.3,00,000/- from her deceased husband – Balasaheb on 15th May, 2009. The deceased – Balasaheb was under a great mental pressure because of that demand. Therefore, he suffered from heart attack and expired on 16th May, 2009. It is alleged that the amount received from L.I.C., due to demise of Balasaheb, has been grabbed by respondent nos. 1 to 4. The son of the petitioner is suffering from some psychological problem. He needs medical treatment. The petitioner has no source of income. She, therefore, prayed for monetary relief of Rs.30,000/- per month from the respondents. She claimed compensation of Rs. 25,00,000/- from the respondents for subjecting her to domestic violence. She further sought a direction against the respondents that they should purchase a dwelling house for the petitioner at Jalgaon and further claimed share in the house in which the respondents are residing. She alleged that all of her ornaments and other domestic articles have been wrongfully retained by the respondents. She, therefore, claimed those ornaments and domestic articles as well.
6. The application filed by the petitioner was resisted by the respondents. They denied all the adverse allegations made by the petitioner against them. They denied that the deceased husband of the petitioner spent
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.