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2020 Supreme(Bom) 848

A.M.BADAR
Rupesh Suresh Palande – Appellant
Versus
Smitika Rupesh Palande – Respondent


Advocates Appeared:
Tejesh Dande, Advocate, Bharat Gadhavi, Advocate, Grisham Lad, Advocate, Raju M Yamgar, Advocate, A.R. Kapadnis, Advocate

JUDGMENT

A. M. Badar, J. - By this petition under Section 482 of the Criminal Procedure Code as well as under Article 227 of the Constitution of India, the petitioners/original respondents in a proceedings under Section 12 of the 'Protection of Women from Domestic Violence Act, 2005, (to be referred to as the 'Domestic Violence Act for the sake of brevity) initiated by the respondent no.1 herein are praying for quashing and setting aside those proceedings which are registered as Criminal Miscellaneous Application No.214 of 2019 and pending before the learned Judicial Magistrate, First Class, Mahad.

2. Heard learned counsel for the petitioners/original respondents. It is argued on behalf of the petitioners that the marriage of petitioner no.1 with the contesting respondent no.1-Mrs.Smitika Rupesh Palande was solemnized on 01.01.2013. Thereafter, on 15.4.2015 there was a decree of Divorce by mutual consent. According to the learned counsel for the petitioners then on 28.2.2019 petitioner no.1/husband had preferred an application for custody of the minor child Vedant and this Court vide order dated 22.04.2019 is pleased to expedite those proceedings. On 16.9.2019 appeal challenging Dec

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