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2024 Supreme(Bom) 484

SHARMILA U. DESHMUKH
Kinjal Jayesh Mehta – Appellant
Versus
Mrs. Disha Jimit Sanghvi – Respondent


Advocates appeared:
Mr. Satyavrat Joshi a/w. Ms. Anselay Andrew and Mr. Punit Jain, for the Petitioner.; Mr. Subodh Desai, a/w. Ms. Preeti Gada, for the Respondent No. 1.

JUDGMENT

Sharmila U. Deshmukh, J. - Rule. Rule made returnable forthwith and heard finally with consent of the parties.

2. The present Writ Petition takes exception to the order dated 16th September, 2023 passed by the Sessions Court in Criminal Appeal No. 690 of 2022, allowing the Appeal and setting aside the order dated 18th October, 2022 passed by the Metropolitan Magistrate, 40th Court at Girgaon, Mumbai in C.C.No.37/DV/ 2022 dismissing the D.V application as against the present Petitioner.

3. The facts of the case are that the Respondent No. 1 had filed an Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'D.V. Act'), bearing C.C.No.37/DV/2022, claiming reliefs under Sections 17, 18, 20 and 22 of the D.V. Act. In the said application, the Respondent No 1 has impleaded her husband, her mother in law, her unmarried brother in law and the present Petitioner who is the married sister in law.

4. The cause title of the Application would indicate that the Respondent No 1's husband, mother and brother are residing at 'Siddesh Jyoti Tower' which is the shared-household whereas the address of the present Petitioner is shown of her matrimoni

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