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2017 Supreme(Bom) 2566

C.V.BHADANG
Gurudas Sanvalo Naik – Appellant
Versus
Saanvi Gurudas Naik – Respondent


Advocates Appeared:
For the Petitioner: Ashwin D. Bhobe, Adv.
For the Respondents: Ryan Menezes, Adv.

JUDGMENT :

C.V. BHADANG, J.

1. This petition can be disposed of on a short count. The respondent No. 1 has filed a complaint, under the provisions of the Protection of Women from Domestic Violence Act, 2005 (Act, for short), against the petitioners, alleging that she has been subjected to domestic violence. The respondent No. 1 is seeking various reliefs including maintenance. The main application filed by the respondent No. 1 is still pending before the learned Judicial Magistrate First Class at Vasco. The learned Magistrate by an order dated 30.09.2014 has granted interim reliefs, by which the petitioner No. 1, is directed to pay a monthly maintenance of Rs. 8,000/- to the respondent No. 1 starting from December, 2013. The said order has been confirmed in appeal before the learned Sessions Judge, against which this petition is filed. It is contended by Shri Bhobe, the learned Counsel for the petitioners that there is no prima facie finding recorded by the Courts below that the respondent No. 1 has been subjected to acts of domestic violence. It is submitted that in the absence of any such finding, the Magistrate does not have jurisdiction to grant interim reliefs. The learned Couns










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