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S.S.SHINDE
Siddharth Sabharwal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Girish Kulkarni a/w Mr. Karan Kadam i/b Mr. Kripashankar Pandey, Advocate
For the Respondent No.1: Mrs. Rutuja Ambekar, APP
For the Respondent No.2:Mr. Aabad Ponda i/b. Mr. Ashish Suryawanshi, Advocate

JUDGMENT

S. S. Shinde, J.—Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.

2. This petition is filed with following substantive prayer-

(b) That this Hon’ble Court may pleased to quash and set aside the ad interim ex parte order dated 8th May 2019 passed in Exhibit 4 in Domestix Violence Case No. 87/2019 by the Ld. Metropolitan Magistrate, 62nd Court, Dadar-5, restraining the Petitioner from entering his residence at A-3, Alpa Apartments, Pochkhanwala Road, Near Traffic HQ, Worli Mumbai - 400030.

3. Background facts stated in the petition for filing the same are as under-

It is the case of the Petitioner that, Respondent No. 2 filed a complaint (for short “said complaint”) under the Protection of Women from Domestic Violence Act, 2005 (for short “DV Act”) bearing number 87/DV/2019 seeking various reliefs as mentioned therein on 8th May 2019 before the learned Metropolitan Magistrate, 62nd Court, Dadar. The said complaint filed by Respondent No. 2 inter alia a further attempt by Respondent No. 2 to harass and coerce the Petitioner in to yielding to Respondent No. 2’s exorbitant demands for maintenance. Responden

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