2024D:igBitalHly C-AS:380 signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN 1/11 26-WP-5185-2018-J -final.doc SHIVGAN Date:

2024.01.05

16:54:29 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5185 OF 2018

1. Mrs. Zeba Mohasin Pathan @ Zeba Easak Pathan, Aged about 27 years, 2. Easak Gulab Pathan, Aged about 56 years, 3 Amir Easak Pathan, Aged about 24 years, All are Bombay adult, Indian Inhabitant Presently residing at Sainath Nagar, Bldg No.10, Room No.42, 3rd Floor, Tulinj Road, Nallasopara (East), Dist. Palghar- 401 209 …Petitioners Versus

1. The State of Maharashtra, through DCP Zone 5, to be served through Public Prosecutor, High Court (A.S.), Bombay.

2. Smt. Afrin Mansurkhan Pathan, Aged about 27 years, of Bombay adult, Indian Inhabitant Residing at Wathar station, Tal: Koregaon, Dist. Satara. …Respondents Mr. Sushil Upadhyay, with Ashok Saraogi for Petitioners.

Mr. Jayesh Yagnik, APP for Respondent No.1-State. CORAM : DR. NEELA GOKHALE, J.

RESERVED ON : 3rd January 2024. PRONOUNCED ON : 5th January 2024 JUDGMENT:

1. This petition involves an important question of law pertaining to the liability of a daughter in law, her father and brother in an action initiated against them by her mother in law under the provisions of Protection of Women From Domestic Violence Act, 2005 (“DV Act”).

2. The Petitioners seek quashing of DV Application No.40 of 2018, initiated by the Respondent No.2 against them under the provisions of the DV Act, and consequently, setting aside order dated 10th January 2019 passed by the Judicial Magistrate, First Class, Koregaon, Satara, directing issuance of summons to the Petitioners.

3. By order dated 19th March 2019, notice was directed to be issued to the Respondent No.2 returnable on 5th April 2019 and private service was allowed. Notice was again issued by order dated 20th June 2019 by this Court to the Respondent No.2. The Petitioners have served the Respondent No.2 by private service and an affidavit of service along with the receipt of private service has been placed on record. Despite, receipt of notice, the Respondent No.2 has failed to appear before the Court and hence, the matter is taken up for hearing ex-parte.

4. The Petitioner No.1, Zeba is the daughter-in-law of the Respondent No.2, Afrin. The Petitioners No.2 and 3 are the father and brother respectively of the Petitioner No.1. The facts giving rise to the proceedings are that Zeba married Mohsin, son of Afrin in May 2016. According to Zeba, she was subjected to tremendous amount of ill-treatment and cruelty at the hands of her husband and his family members. She was therefore, compelled to lodge a complaint dated 29th December 2017 against Mohsin and his family members with the police authorities concerned. FIR No.00/18 was thus registered, after much persuasion under Section 498A, 323, 504, 506, 34 of the Indian Penal Code, 1860 and thereafter transferred from Palghar PS to Pune PS. In February 2018, the Petitioner No.1 also filed an application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) in the Court of Judicial Magistrate, First Class, (“JMFC”) Vasai, Palghar seeking maintenance of Rs.25,000/- per month from her husband. Complaining of domestic violence in her matrimonial home, she also made an application under the DV Act against her husband, mother-in-law, father-in-law and the brother of her mother-in-law. Pending these proceedings, the Respondent No.2, Afrin filed the application/complaint under Section 12 of the DV Act against Zeba, her father and brother seeking reliefs under Sections 18, 19, 20 and 22 of the DV Act in the JMFC Court, Koregaon, Satara. The JMFC issued summons dated 28th August 2018 and 21st November 2018. It is the maintainability of this complaint and the summons issued thereon by the JMFC court, that is assailed by the Petitioners in the present petition.

5. Mr. Sushil Upadhyay, learned counsel appears for the Petitioners and