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2021 Supreme(Bom) 660

ROHIT B.DEO
Ravi – Appellant
Versus
Apurva – Respondent


Advocates appeared:
A.V.Muley, Advocate, K.S.Motwani, Advocate

JUDGMENT

ROHIT B.DEO,J. - With consent the petition is finally heard at the admission stage.

2. The petitioners are seeking quashment of proceedings initiated by respondent Mrs. Apurva under Section 12 and cognate provisions of the Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act').

3. Petitioner 1 is the husband, petitioner 3 the mother-in-law, petitioner 4 the father-in-law and petitioners 2, 5 and 6 the sisters-in-law of Mrs. Apurva.

4. The learned counsel for the petitioners Mr. Muley states that the petition is not pressed qua petitioner 1 Ravi. Mr. Muley would submit that qua the other petitioners, the learned Magistrate committed a jurisdictional error in taking cognizance of the application under the DV Act. The extension of the submission is that the application, holistically read and understood, does not make out a case of domestic violence against the parents-in-law and the sisters-in-law of Mrs. Apurva. Mr. Motwani would submit, inviting my attention to the pleadings, that the necessary averments as would make out a case of domestic violence are incorporated in the application, and the learned Magistrate committed no error in taking cognizance.

5.

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