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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U.Deshmukh
Kaushal Arvind Thakker – Appellant
Versus
Jyoti Kaushal Thakker – Respondent
JUDGMENT :
Sharmila U. Deshmukh, J.
1. Rule. Rule made returnable forthwith with consent of parties and taken up for final hearing. The Respondent No 1 appears in person. Vide order dated 14th December 2023, this Court had appointed Advocate Ashutosh Kulkarni as Amicus Curiae to assist the Court.
2. The revisional jurisdiction of this Court under section 397 of the Code of Criminal Procedure, 1973 ( Cr.P.C ) has been invoked by the revision applicant challenging the final judgment and order dated 14th July 2023 passed by the Sessions Court in Criminal Appeal No. 94 of 2023 arising out of the final judgment and order dated 6th January 2023 passed by the metropolitan magistrate in Case No.172/DV of 2027. By the judgment dated 14th July 2023 the Sessions Court has dismissed the appeal declining to interfere with the judgment of the metropolitan magistrate passed in the application filed under section 12 of the provisions of Protection of Women from Domestic Violence Act 2005 [for short “the DV Act”].
FACTUAL MATRIX:
3. The Applicant and the Respondent no.1 are the citizens of USA. The applicant is currently residing in USA whereas respondent no.1 is currently residing in Mumbai. The marria
The DV Act applies to foreign citizens for acts of domestic violence occurring in India, and a domestic relationship exists if parties lived together at any time, regardless of subsequent divorce.
Allegations of domestic violence must be proven for entitlement to reliefs under the DV Act, and the court may consider the respondent's financial resources in determining maintenance allowance.
The main legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance and other relief from her father-in-law according to the provisions of the PWDV Act.
Economic abuse is included in the definition of domestic violence under the DV Act, allowing for protection orders while property disputes are adjudicated in civil courts.
The main legal point established in the judgment is the interpretation of domestic violence under the Protection of Women from Domestic Violence Act, the applicability of Section 188 of the Code of C....
The proceedings initiated under the D.V. Act are of a civil nature and not criminal, and therefore, the provisions of Section 188 of the Cr.P.C. regarding sanction for inquiry into or trial of offenc....
The court emphasized the necessity for financial disclosure in domestic violence cases to ensure fair maintenance assessments, mandating adherence to established principles from prior apex court ruli....
Grant of interim maintenance – Denial of relationship of husband and wife – Evidence to be adduced during trial – No interference required
The jurisdiction in domestic violence cases should prioritize the victim's temporary residence as per the provisions of the Domestic Violence Act, ensuring timely and effective relief.
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