JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.— Leave granted.

2. This appeal has been preferred by the appellant against the judgment dated 23rd January, 2013 passed by the High Court of Judicature at Bombay in Writ Petition No. 4250 of 2012. By the impugned judgment, the High Court dismissed the writ petition preferred by the appellant and upheld the order dated 3rd November, 2012 passed by the Additional Sessions Judge, Sewree, Mumbai whereby the Sessions Judge held that the application filed by the appellant under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the “Domestic Violence Act, 2005”) is not maintainable.

3. The case of the appellant is that she got married to 1st respondent according to Muslim rites and rituals on 13th May, 2005, 1st respondent was in the habit of harassing her. She was subjected to physical abuse and cruelty. For example, 1st respondent acted with cruelty, harassed her and had banged her against a wall on her back and stomach on 5th January, 2006, due to which she suffered severe low back pain. The 1st respondent refused her entry into the matrimonial house on 19th February, 2006 and asked her to stay with her parents