2018:BHC-AS:24626 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1793 OF 2014

1. Mr. Prabhakar Mohite Age : 67 years, Occu.: Retired

2. Mrs. Vijaya Prabhakar Mohite Age : 59 years, Occu.: Home maker Residing at : Flat No.202, Maruti Niewas A-wing, Plot No.37-B, Section 6, New Panvel (East), 410206 ...Petitioners V/s.

1. The State of Maharashtra

2. Mr. Archana Nilesh Shinde Age : 31 years, Occu.: Service Residing at : C/o. Mr. Yuvraj O. Birari Flat No.102, A-wing, Shivsrushti Apartment, Sector 8/B, CBD, Belapur Navi Mumbai – 400 614 ...Respondents ----

Mr.A.y. Sakhare, Senior Counsel a/w Mr.Yashwant Dhangare, Mr.Harshwardhan Borse i/b Joel John Carlos for the Petitioners.

Ms.S.D. Shinde, APP for the Respondent-State.

Ms.Anita Wakchaure i/b Mr.V.R. Shinde for Respondent No.2.

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CORAM : SMT.BHARATI H. DANGRE, J.

DATE : 05^th SEPTEMBER 2018

JUDGMENT:

1. Rule. Rule made returnable forthwith. Heard by consent of the parties.

The present Writ Petition is filed by the petitioner No.1 who is a retired person and senior citizen whereas the petitioner No.2, who is the wife of petitioner No.1. The petitioners are aggrieved by the issuance of process against them in the proceedings under the Protection of Woman from Domestic Violence Act, 2005 initiated by the respondent No.2, who is wife of petitioner No.2's nephew. The petitioner No.2 is the aunt of the husband of the respondent No.2. The said proceedings came to be initiated by respondent No.2 against her husband as well as her father in law and mother in law and also the present petitioners.

2. The marriage between the parties namely the respondent No.2 and the nephew of the petitioner No.2 was solemnized on 07.07.2007. The respondent No.2 approached the Judicial Magistrate, First Class, Panvel, by preferring an application bearing No. DV/MA/122/2013 on 15.03.2013 highlighting the marital discord between the parties namely herself and her husband as well as her in laws. The complaint proceeded to the allege harassment on account of the demand of dowry and also referred to certain instances demonstrative of irretrievable breaking down of the relationship on account of the misunderstanding between the parties.

The specific case of the respondent No.2 as stated in the application is that after solemnization of the marriage she came to reside at Room No.502, B-Wing, Sector-9, Khanda Colony, Taluka- Panvel, District-Raigad. It further proceeds to state that the present petitioner's who are the aunt and uncle of her husband were also residing in Khanda Colony and used to often visit her matrimonial home. This is how in the application she ropes petitioner Nos. 1 and 2 and it proceeds to state that the two petitioners used to instigate the husband of the respondent No.2 and it was thereafter in collusion, she was harassed by all the respondents namely the husband, her in laws as well as the present petitioners. The applicant has categorically made a statement, in the application that on every Saturday and Sunday the present petitioners used to visit her matrimonial house and at that time the husband of the complainant used to be at home and at the instigation of the present petitioners along with her own in laws, she was subjected to harassment. She therefore sought protection orders from the Court by filing the application and invoking provisions of the Domestic Violence Act, 2005, on 15-03-2013. It is on the basis of this application, the summons have been issued to the present petitioners and being aggrieved by the said action, they have filed the present Writ Petition.

3. The learned senior counsel Shri.Sakhare, appearing for the petitioners would submit that the marriage between the parties namely the respondent No.2 and the nephew of the petitioner No.2 was solemnized on 07.07.2007. The learned senior counsel do not dispute that the present writ petitioners are resident of New Panvel. However he would submit that they are residing at Maruti Niwas, Plot No.3