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2012(1) Crimes 78 (Bom.)
BOMBAY HIGH COURT
A.P. Bhangale, J.
Maroti —Petitioner
versus
Sau Gangubai & Anr. —Respondents
Criminal Writ Petition No. 542/2010
Decided on 9-8-2011
Held: The Protection of Women from Domestic Violence Act, 2005 came into force on 26/10/2006 vide S.O. 1776 (E), dated 17/10/2006. The Act was brought into force to provide for more effective protection to the rights of women guaranteed under the Constitution of India who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. Thus, any women who or has been in a Domestic relationship who is subjected to Domestic violence by the respondent i.e. her husband, she can apply under Section 12 of the Act as an “aggrieved person” complainant of Domestic Violence and seek orders under the Act i.e. maintenance, protection orders etc. Thus, the respondent in such application pursuant to the complaint under the Domestic Violence Act, cannot be allowed to defeat the provisions of Act by continuously depriving his wife or applicant-with whom he was in the Domestic relationship from the benefits under the Act i.e. shared household, maintenance, monetary benefits in this regard. There shall be continuing causes of action, therefore, there is no question of putting a stop to the relief sought for on the ground of continuous breach of legal right, single the continued deprivation of economic or Financial resources and continued prohibition or denial of access for the shared household, maintenance etc. to the aggrieved person can come within definition of “Domestic Violence” explained in Chapter II of the Act. Protection under the Act becomes available to the wife/applicant, who was driven out from her husband’s shared household prior to coming into effect of the Act of 2005, but if the deprivation continued even after the Act came into force. Thus, as held by this Court in Smt Bharati Naik vs. Shri Ravi Ramnath Halnarkar reported in 2011 ALL MR (Cri) 224, with reference to the Act of 2005, an interpretation which furthers the purpose of the Act must be preferred to the one which obstructs the objects and paralyses the purpose of the Act. Thus, even if the Woman was in the past in relationship, she would be entitled to invoke the provisions of the Act on the basis of continuing cause of action. (Para 12)
JUDGMENT
A.P. Bhangale, J.—Heard Mr. Rajnish Vyas, Learned Advocate for the Petitioner and Mr. S.V. Sirpurkar, learned Advocate for the Respondent No.1.
2. Rule, made returnable forthwith. Heard by consent of the parties.
3. The petitioner questioned the order dated 07/10/2009 passed by learned Judicial Magistrate, First Class, Pombhurna in Misc. Criminal Application No. 17/2008, as also order dated 09/08/2010 passed by the learned Additional Sessions Judge, Chandrapur in Criminal Appeal No. 132/2009.
4. It is the case of the petitioner that he had married with respondent no.1 namely Gangubai about 19 years back, she resided with him for 3 years at Rajura, District Chandrapur and, then left matrimonial home and started residing with her parents. Respondent No.2 is son of the petitioner, who according to the petitioner, has already attained the age of majority i. e. 18 years and is not entitled for the maintenance. The petitioner is facing proceedings initiated under Section 12 of the protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005), which was registered as Criminal Application No. 17/2008, in the Court of Judicial Magistrate, First Class, Pombhurna, District Chandrapur. Sau Gangubai and her son Prashant, had claimed maintenance at the rate of Rs. 5,000/- per month to the applicant no.1- Gangubai and s.5,000/- per month to the applicant no.2 – Prashant i. e. son of the petitioner, who was aged about 16 years when the application was filed. It is further prayed that petitioner shall provide rented house to his wife and son and, to pay costs of litigation.
5. The petitioner had objected grant of relief by filing a reply to the application disputing the allegations made against him regarding the alleged addiction of liquor, cruel treatment, late night coming, assault etc. He also denied that he drove her out of the matrimonial home as alleged in the year 1994 or about.
6. It appears case of the respondent Gangubai that she had sent notice dated 11/07/2008, by R.P.A.D., demanding amount of maintenance to which reply dated 29/07/2008 was sent by the petitioner (as claimed by him). Under these circumstances, the respondent had claimed maintenance by alleging that they were ill-treated, petitioner had assaulted his wife under the influence of the liquor and driven her out of the house with warning not to return. It is also contention of the respondent that the applicant had married with one Shobha 26-27 years ago, out of that wedlock, he had two daughters namely Vaishali and Vanmala. According to the petitioner, respondent no. 1 is also married with one Shamrao Tajne.
7. Considering all these contentions and counter contentions, the application preferred under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of Rs.1,000/- to Gangubai and sum of Rs. 500/- to his son namely Prashant, with further direction to arrange for rental accommodation for residence of Gangubai and her son Prashant and, Rs. 500/- towards cost of litigation. The aforesaid order dated 07/10/2009, by learned Judicial Magistrate, First Class, Pombhurna was carried in Appeal before the learned Sessions Judge, Chandrapur, which came to be dismissed reasoned Judgment and Order, which petitioner has impugned herein.
8. The main contention of the petitioner is that the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. According to the learned Advocate for the petitioner, since the alleged desertion by the petitioner, Gangubai and her son have resided separately for more than 12 years and, therefore, they are not entitled to claim amount of maintenance. It is further submitted that t
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