A marriage can only be declared void by a competent court; until then, maintenance obligations remain under the D.V. Act, affirming the necessity of legal recognition of marital status.

JUDGMENT :

MANJUSHA DESHPANDE, J.

1. This Criminal Application has been filed by the Applicant assailing the conditional order dated 30^th September 2024 passed on Exhibit – 4, i.e. Stay Application filed in PWDVA Appeal No. 15 of 2024, by directing the Applicant to deposit Rs.5,00,000/- as a precondition for stay. Respondent No. 2 has filed Domestic Violence Complaint bearing No. DV/57/2020 before the 10^th J.M.F.C., CBD Belapur, Navi Mumbai under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short “the D.V. Act, 2005”). The J.M.F.C. at Belapur has passed the order dated 20^th April 2024 on an Interim Application filed by Respondent No. 2 directing the present Applicant to pay monthly maintenance of Rs.20,000/- alongwith monthly rent of Rs.10,000/- towards the residence order to Respondent No. 2 till the decision of the main application.

2. It is the case of the Applicant that after having seen the profile of the Applicant on Matrimonial Site and also from Facebook profile Respondent No. 2 has met him, and after that they have decided to marry. Accordingly, their marriage was performed on 30^th September 2017 at Trambakeshwar, Nashik in presence of the presence of parents of Respondent No. 2. After marriage, Respondent No. 2 has started making unreasonable demands with the Applicant. She has treated him with immense mental cruelty and has tormented him. Initially, after marriage they had shifted to Dhule, however, on the insistence of Respondent No. 2, he was required to shift back to Airoli.

3. Time and again, Respondent No. 2 has made demands of huge amounts of monies from him. According to him, Respondent No. 2 has demanded Rs.2 crores and her parents have demanded Rs.10 lakhs from the Applicant. The Applicant has transferred an amount of Rs.5 lakhs from his bank account to Respondent No. 2. For the entire year 2018-19, he was pressurized to give all his income to Respondent No.2 and her parents.

4. On 25^th July 2018, Respondent No.2 has suddenly asked the Applicant to get their marriage registered, which he immediately approved off. However, when he received the marriage certificate he was shocked to see the date of marriage in the certificate which was recorded as 25^th July 2018, instead of 30^th September 2017. When he questioned Respondent No. 2 about it, she was evasive. According to him, once she had also come late night after consuming alcohol in the May 2018. He has narrated various incidents of his torture. According to him, because of constant mental harassment and fear for registering false case by Respondent No. 2, he was constrained to leave the house. Respondent No. 2 has registered an FIR vide C.R. No. 36 of 2020, alleging the offence punishable under Section 498A of the IPC, 1860, against the present Applicant at Rabale Police Station, Navi Mumbai on 22^nd January 2020. The Applicant filed Anticipatory Bail Application which came to be allowed by the Sessions Judge, Thane. Thereafter, Respondent No.2 filed Domestic Violence Complaint bearing No. DV/57/2020 against the Applicant on 3^rd March 2020. The Interim Application (Exhibit-5) came to be partly allowed by the J.M.F.C, 10^th Court at Belapur vide order dated 20^th April 2024. Being aggrieved with the order dated 20^th April 2024, the Applicant has filed Appeal before the Additional Sessions Court at Belapur, Navi Mumbai, being PWDVA Appeal No. 15 of 2024.

5. During the pendency of the Appeal, Respondent No. 2 had filed an application for issuing distress warrant before the J.M.F.C., Belapur, which was allowed vide order dated 17^th Aug