Suraj Singh Solanki vs Seema Solanki

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(MP) 72

S.R.WAGHMARE
Suraj Singh Solanki – Appellant
Versus
Seema Solanki – Respondent

Advocates:
Smt. Anita Sharma and Tayjas Sharma for applicant; Mohan Sharma for respondent.

ORDER

1. By this application under section 482 of the CrPC, the applicants are aggrieved by the order dated 3.3.2015 passed by the Judicial Magistrate I Class, Mhow, District Indore in MJC No.119/2013.

2. Counsel for the applicants vehemently urged the fact that the applicants are unnecessarily being roped in by the respondent /wife-Seema Solanki. Counsel submitted that the applicants Suraj Singh/father-in-law, Tejubai/mother-in-law, Kavita Chawda/sister-in-law are the family members who are not members of the same shared household and have been falsely implicated. Counsel however, candidly admitted that the husband-applicant No.3/Jaswant Solanki was living separately with the respondent /wife-Seema and the expenses were also borne by the wife's father. Counsel submitted that the trial Court had erred in considering the provisions of section 2(s) of the Protection of Women from Domestic Violence Act, 2005 and implicated the applicants and they have to unnecessarily undergo rigors when there was ample evidence on record to indicate that they were not members of the shared household. More so she submitted that applicant No.4/Kavita Chawda was married sister-in-law and unnecessarily be

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