2024:BHC-AS:14279 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIM. REVISION APPLICATION NO. 234 OF 2023 Kaushal Arvind Thakker, ] Citizen of USA, residing at ] 2215 Cedar Springs, #1411, ]

Dallas, Texas 75201-1860, USA. ] ...Applicant.

Versus

1. Jyoti Kaushal Thakker of ] Mumbai Indian Inhabitant residing at ] 1 Siddhi Vinayak CHS 569, ] Khushaldas Parekh Marg, ] Matunga (East), Mumbai – 400 019. ]

]

2. The State of Maharashtra ] Through Public Prosecutor ]

High Court, Bombay. ] ...Respondents.

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Mr. Vikramaditya Deshmukh and Ms. Sapana Rachure for the applicant.

Mr. Ashutosh M. Kulkarni, Amicus Curiae.

Ms. Jyoti K. Thakker, respondent no. 1 in-peron.

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Coram : Sharmila U. Deshmukh, J.

Reserved on : February 12, 2024. Pronounced on : March 22, 2024.

JUDGMENT :

1. Rule. Rule made returnable forthwith with consent of parties and taken up for final hearing. The Respondent No 1 appears in person. Vide order dated 14^th December 2023, this Court had appointed Advocate Ashutosh Kulkarni as Amicus Curiae to assist the Court.

2. The revisional jurisdiction of this Court under section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C) has been invoked by the revision applicant challenging the final judgment and order dated 14th July 2023 passed by the Sessions Court in Criminal Appeal No. 94 of 2023 arising out of the final judgment and order dated 6th January 2023 passed by the metropolitan magistrate in Case No.172/DV of 2027. By the judgment dated 14^th July 2023 the Sessions Court has dismissed the appeal declining to interfere with the judgment of the metropolitan magistrate passed in the application filed under section 12 of the provisions of Protection of Women from Domestic Violence Act 2005 [for short “the DV Act”].

FACTUAL MATRIX:

3. The Applicant and the Respondent no.1 are the citizens of USA. The applicant is currently residing in USA whereas respondent no.1 is currently residing in Mumbai. The marriage of the parties was solemnized on 3^rd January 1994 in Mumbai and subsequently the marriage ceremony was also performed in USA on 25^th November 1994. In the year 2005-2006 the Applicant and Respondent no.1 came back to India and started residing at Meru Heights, Matunga which property stood in the joint names of parties. After coming back to India, the Respondent no.1 started working with “Capgemini” company at Vikhroli and is employed till date. In the month of May 2008 Respondent no.1 left the matrimonial house at Meru Heights Matunga and started residing with her mother where she is still residing. In the year 2014-15 the Applicant moved back to USA. In the year 2017, the Applicant filed proceedings seeking Divorce in the USA Court and the summons was received by the Respondent No 1 on 15^th May, 2017. On 7^th July 2017 an application under Sections 12, 17, 18, 19, 20 and 22 of the DV Act was filed by the Respondent No 1 in the Court of Metropolitan Magistrate, 61^st Court, Kurla being Application No. 175/DV of 2017. On 3^rd January, 2018 the USA Court granted Decree of Divorce dissolving the marriage between the Applicant and Respondent No 1.

4. On 17^th October 2018 the interim application of respondent no.1 under section 23 of the DV Act seeking interim relief of maintenance, possession of flat at Meru Heights, restraining orders against the transfer of flat and alternate accommodation and compensation came to be rejected by the Metropolitan magistrate.

PLEADINGS IN THE D.V. APPLICATION:

5. The case of the Respondent No.1 is that the parties were married on 3^rd January 1994 and during their honeymoon in Nepal the applicant abused the Respondent no.1 by calling her as second hand as her earlier engagement had broken. On 4^th February 1994 the applicant and respondent no.1 went to USA where respondent no.1 was subject to physical and emotional abuse. The applicant cast aspersions on the character of respondent no.1 and levelled allegations of having illicit relationship with other men even with her own bro