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2019 Supreme(Bom) 2074

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Prakash D. Naik, J.
Lalita Rahul Suryawanshi - Appellant
Versus
Rahul Arun Suryawanshi - Respondent
Criminal Revision Application No. 569 of 2016 With Criminal Application No. 101 of 2017 in Criminal Revision Application No.569 of 2016 With Criminal Revision Application No. 480 of 2016 With Criminal Application No. 486 of 2016 in Criminal Revision Application No. 480 of 2016 With Criminal Application No. 597 of 2016 in Criminal Revision Application No. 480 of 2016
Decided On : 08-01-2019

Advocates Appeared:
Mr. Balwant W. Kakade for the applicant in Revision Application No. 569 of 2016 and Respondent in Revision Application No. 480 of 2016; Mr. R.R. Salvi I/by Ms. Suvarna Telgate for the applicant in Revision Application No. 480 of 2016 and respondent in Revision Application No. 569 of 2016

Headnote:

Indian Penal Code, 1860 - Sections 323, 504 and 506 - Code of Criminal Procedure, 1973 - Section 468 - Domestic Violence Act, 2005 – Sections 2, 12, 18, 19, 20, 22 and 23 - Domestic Violence - Wife had preferred an application/complaint - In said application it was stated that applicant was married to respondent no -1 according to hindu religious rites and customs - After marriage she joined matrimonial home with husband and other opponents - Husband used to quarrel with wife on account of mobile phone numbers of several persons stored in her mobile phone - Husband used to taunt her as characterless - Husband kept on taunting her before his relatives who were also residing at said matrimonial house - Revision applicant surrendered her mobile phone to husband and she did not operate same - Thereafter phone was handed over to her - She gave it for repairs - Husband then kept on making inquires about person whose number were stored in mobile phone of revision applicant and also about her email address and email exchanged with her - Applicant explained her husband that she was acquainted with said person in group of friends marriage where telephone numbers were exchanged - Held, There is no reference to salary documents of applicant wife and respondent husband - Although documents relating to salary of applicant/wife and salary of respondent no -1 were on record - Court below has completely overlooked them and on contrary has observed that there are no documents about earnings of wife on record - Taking into consideration fact that both courts ignored documents which were exhibited in evidence with regards to earning of applicant and respondent no -1 it would be appropriate to direct trial court to decide issue relating to quantum of maintenance as well as relief of loss of earning by taking into consideration documents on record - Respondent husband had deposited amount maintenance before trial court - Distress warrant was issued - husband agreed to deposit of arrears of maintenance - Sessions Court stayed this warrant by order - Wife had preferred application before this court to withdraw said amount - Husband had preferred criminal application to stay execution of warrant and by order distress warrant is stayed wife is entitled for maintenance - Amount had been awarded without considering relevant evidence/document - While deciding quantum courts ought to have considered documents on record - In these circumstances deposited amount is required to be permitted to be withdrawn by applicant wife - Order Accordingly.

JUDGMENT

Prakash D. Naik, J. - Revision applicant in CRA No. 569 of 2016 hereinafter referred to as "Wife" have challenged the impugned order passed by Courts below to the extent of monetary relief under Section 20(1)(a) of the Domestic Violence Act (herein after referred as to ''D.V.Act''). Whereas revision applicants in CR No. 480 of 2016 have challenged the impugned orders passed by the Courts below. These proceedings arise out of application filed by wife under section 12 of Protection of Woman from Domestic Voilence Act, 2005 (hereinafter called as "D.V.Act").

2. Wife (revision applicant) in CRA No. 569 of 2016 had preferred an application/complaint under the Domestic Violence Act viz CC 219/N/2011. In the said application it was stated that the applicant (wife) was married to Respondent No.1 on 12th December, 2009, according to Hindu Religious rites and customs. After the marriage she joined matrimonial home with husband and other opponents at B302, Mohan paradise, Phase 1, Near Nilkantha Park, Khadakpada, Kalyan, Dist. Thane. The husband used to quarrel with wife on account of mobile phone numbers of several persons stored in her mobile phone. Husband used to taunt her as characterless. Husband kept on taunting her before his relatives who were also residing at the said matrimonial house from 22nd December, 2009 to 8th January, 2016. Revision applicant surrendered her mobile phone to husband and she did not operate the same. Thereafter, phone was handed over to her. She gave it for repairs. Husband then kept on making inquires about the person whose number were stored in the mobile phone of the revision applicant and also about her email address and email exchanged with her. The applicant explained her husband that she was acquainted with said person in group of friends marriage at Kolhapur where telephone numbers were exchanged. She also disclosed about other persons who had proposed her for marriage which was turned down by her and since they were not in good terms on account of refusal of proposal of marriage by the revision applicant they were sending dirty emails. However, she was continuously tortured physically and mentally. The husband called the parents of the revision applicant and meeting was held on 30th January, 2011. The opponents complained about the character of revision/applicant to her parents and passed objectionable remarks about her chastity. The respondent No.1 also told the revision/applicant to leave the house with her parents immediately. Revision/applicant then went to her matrimonial home. She was ill and totally disturbed due to mental harassment and she had no choice but to leave with her parents. The husband then tried to compromise with the applicant wife on the condition that she should loose her mobile and also employment and joined the matrimonial home. Applicant wife joined her matrimonial home on 16th May, 2010. The respondent No.1 husband told her that she should leave the job and stop operating her cell phone. She resigned from job on 17th May, 2010. Inspite of that harassment continued, the husband also told her to being two gold bangles and gold nathani from her parents. Even thereafter she was continuously harassed by opponent. The husband has also assaulted her by giving blow on her chest. Opponents keeps on taunting the revision/applicant. The respondent No.1 also insisted that she should leave the home on her own accord. The applicant lodged the complaint with Mahatma Phule Police Station on 13th September, 2010 under Section 323, 504, 506 of Indian Penal Code. Respondent No.1 was called at the police station. The respondent No.1 had agreed that he would bring his wife back to matrimonial home within one week and hence police did not take cognizance of the complaint and registered his case as noncognizable offence. The respondent No.1 then sent legal notice through his advocate making false and frivolous allegations and asking her whether she is willing to go for divorce by mut

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