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2018 Supreme(Bom) 1303

BHARATI H.DANGRE
Prabhakar Mohite – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.Y. Sakhare, a/w Mr.Yashwant Dhangare, Mr.Harshwardhan Borse i/b Joel John Carlos, Adv.
For the Respondent: Ms.S.D. Shinde, Ms.Anita Wakchaure i/b Mr.V.R. Shinde

JUDGMENT:

1. Rule. Rule made returnable forthwith. Heard by consent of the parties.

The present Writ Petition is filed by the petitioner No.1 who is a retired person and senior citizen whereas the petitioner No.2, who is the wife of petitioner No.1. The petitioners are aggrieved by the issuance of process against them in the proceedings under the Protection of Woman from Domestic Violence Act, 2005 initiated by the respondent No.2, who is wife of petitioner No.2's nephew. The petitioner No.2 is the aunt of the husband of the respondent No.2. The said proceedings came to be initiated by respondent No.2 against her husband as well as her father in law and mother in law and also the present petitioners.

2. The marriage between the parties namely the respondent No.2 and the nephew of the petitioner No.2 was solemnized on 07.07.2007. The respondent No.2 approached the Judicial Magistrate, First Class, Panvel, by preferring an application bearing No. DV/MA/122/2013 on 15.03.2013 highlighting the marital discord between the parties namely herself and her husband as well as her in laws. The complaint proceeded to the allege harassment on account of the demand of dowry and also referred to cer


















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