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2021 Supreme(Bom) 1191

MANISH PITALE
Ganesh – Appellant
Versus
Nikita – Respondent


Advocates appeared:
A.V. Band, Advocate, Abdul Subhan, Advocate

JUDGMENT

Manish Pitale, J. - Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. By this application, the applicants are seeking quashing of complaint dated 16/01/2020, filed by the respondents under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'D.V.Act'). The applicant No.1 is the husband of respondent No.1, while the other applicants are relatives of the applicant No.1.

3. It is contended on behalf of the applicants that provisions of the D.V. Act could not have been invoked by the respondents in the facts and circumstances of the present case. This contention is based on interpretation of the terms "aggrieved person", "domestic relationship", "domestic violence", "respondent" and "shared household", as defined under the provisions of the D.V.Act. The applicants have placed on record documents to support their contention that applicant Nos.2 to 8 are residents of various places and they were not living in the matrimonial house or the shared household, as claimed by the respondent No.1. On this basis it is submitted that insofar as said applicants

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