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2019 Supreme(Bom) 1445

S.S.SHINDE
Siddharth Sabharwal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Girish Kulkarni, Adv., Karan Kadam, Adv., Kripashankar Pandey, Adv., Rutuja Ambekar, Adv., Aabad Ponda, Adv., Ashish Suryawanshi, Adv.

JUDGMENT :

S.S. Shinde, J.

Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.

2. This petition is filed with following substantive prayer-

    (b) That this Hon'ble Court may pleased to quash and set aside the ad interim ex parte order dated 8th May 2019 passed in Exhibit 4 in Domestix Violence Case No. 87/2019 by the Ld. Metropolitan Magistrate, 62nd Court, Dadar-5, restraining the Petitioner from entering his residence at A-3, Alpa Apartments, Pochkhanwala Road, Near Traffic HQ, Worli Mumbai 400030.

3. Background facts stated in the petition for filing the same are as under-

    It is the case of the Petitioner that, Respondent No. 2 filed a complaint (for short "said complaint") under the Protection of Women from Domestic Violence Act, 2005 (for short "DV Act") bearing number 87/DV/2019 seeking various reliefs as mentioned therein on 8th May 2019 before the learned Metropolitan Magistrate, 62nd Court, Dadar. The said complaint filed by Respondent No. 2 inter alia a further attempt by Respondent No. 2 to harass and coerce the Petitioner in to yielding to Respondent No. 2's exorbitant demands for maintenance. Respondent No. 2 a

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