1. Rule. Rule made returnable forthwith. By consent of parties, taken up for hearing forthwith.

2. Petitioner’s application under Section 12 of the Protection of Women from Domestic Violence Act , 2005 (“D.V. Act” for short), was held not maintainable by the learned Judicial Magistrate First Class, Pune. As a result, the application was rejected. In appeal, rejection of order was confrmed. These orders are challenged in the instant writ petition under Article 227 of the Constitution of India.

3. Heard Mr. Sarwate, learned Counsel for the petitioners and Mr. Thatte, Advocate for the respondents.

BACKGROUND FACTS ARE AS UNDER :

4. Petitioner no.1 is the minor daughter of late, Suchita Kedar Sapre (“deceased” for short). Respondent no.1 is father of petitioner no.1; respondents no.2 and 3 are grandfather and grandmother of petitioner no.1; whereas, petitioner no.2 is mother of deceased, Suchita. It is petitioner’s case that, Suchita got married to respondent no.1 on 24th November, 2009 whereafter petitioner no.1 was born on 7th October, 2012. Throughout, Suchita was neglected by her husband and in-laws. She was subjected to physical, verbal and economic abuses by the responden