Case Note & Summary
The petitioner-husband challenged the judgment and order dated 22.01.2010 passed by the Additional Sessions Judge, Khamgaon, which affirmed the order dated 05.11.2009 passed by the Judicial Magistrate Court no.3, Khamgaon in Criminal Case No.118/2009 under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. The respondent-wife alleged that she was married to the petitioner on 24.01.1993 as per Muslim customs, and her father spent Rs. 2,00,000 on the marriage and gave cash of Rs. 40,000 and gold ornaments worth Rs. 50,000. After marriage, they lived together and had two daughters. The petitioner and his family members subjected her to physical and mental ill-treatment and demanded Rs. 1,00,000 for his business. On her inability to pay, she was driven out of the matrimonial home on 09.06.2001. The petitioner earned Rs. 20,000 per month from his clothing business. The Magistrate granted interim maintenance and protection orders. The Sessions Judge affirmed the order. The High Court held that the concurrent findings were based on evidence and no interference was warranted. The petition was dismissed as devoid of merit.
Headnote
A) Domestic Violence - Maintenance - Interim Relief - Sections 12, 18, 19, 20, 22 Protection of Women from Domestic Violence Act, 2005 - The wife filed a complaint alleging physical and mental torture and being driven out of the matrimonial home - The Magistrate granted interim maintenance and protection orders - The Sessions Judge affirmed the order - The High Court held that the concurrent findings were based on evidence and no interference was warranted - Held that the husband's petition was devoid of merit and dismissed (Paras 1-6).
Issue of Consideration
Whether the order granting maintenance and protection to the wife under the Protection of Women from Domestic Violence Act, 2005 was legally sustainable.
Final Decision
The Criminal Writ Petition is dismissed. The judgment and order dated 22.01.2010 passed by the Additional Sessions Judge, Khamgaon in Criminal Appeal No.35 of 2009 affirming the order dated 05.11.2009 passed by the Judicial Magistrate Court no.3, Khamgaon in Criminal Case No.118/2009 is upheld. Rule is discharged.
Law Points
- Protection of Women from Domestic Violence Act
- 2005
- Sections 12
- 18
- 19
- 20
- 22
- Maintenance
- Domestic Violence
- Interim Relief
- Shared Household
Case Details
2011 LawText (BOM) (08) 154
Criminal Writ Petition No.252 of 2011
Shri A.J. Thakkar for Petitioner, Mrs. K.R. Deshpande, A.P.P. for Respondent No.1/State, Shri S.S. Shingne for Respondent No.2
Karimkhan s/o. Sailanikhan
State of Maharashtra and Nahid Akhtar w/o. Karimkhan
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Nature of Litigation
Criminal Writ Petition challenging the judgment and order passed by the Additional Sessions Judge affirming the order of the Judicial Magistrate under the Protection of Women from Domestic Violence Act, 2005.
Remedy Sought
The petitioner-husband sought to quash the orders granting maintenance and protection to the respondent-wife.
Filing Reason
The petitioner-husband was aggrieved by the orders granting maintenance and protection to his wife under the Domestic Violence Act.
Previous Decisions
The Judicial Magistrate Court no.3, Khamgaon passed an order dated 05.11.2009 under Sections 12, 18, 19, 20 and 22 of the Act. The Additional Sessions Judge, Khamgaon affirmed that order on 22.01.2010 in Criminal Appeal No.35 of 2009.
Issues
Whether the concurrent findings of the courts below granting maintenance and protection to the wife under the Domestic Violence Act were legally sustainable.
Submissions/Arguments
The petitioner argued that the orders were erroneous and without merit.
The respondents supported the orders as being based on evidence.
Ratio Decidendi
The concurrent findings of the courts below were based on evidence and no interference was warranted. The petition was devoid of merit.
Judgment Excerpts
Heard Shri. A.J.Thakkar, Adv. for Petitioner. Mrs.K.R.Deshpande, A.P.P. for Respondent No.1/State and Shri S.S.Shingne, Adv. for Respondent No.2.
Rule. Rule is made returnable forthwith. By consent, the matter is taken up for final hearing.
This is a Criminal Writ Petition against the judgment and order dated 22.01.2010 passed by the Learned Additional Sessions Judge, Khamgaon in Criminal Appeal No. 35 of 2009 affirming thereby the order dated 05.11.2009 passed by the Learned Judicial Magistrate Court no 3, Khamgaon below Ex. 15 in Criminal Case No. 118 /2009, under Sections 12, 18, 19 20 and 22 of the Protection of Women from Domestic Violence Act, 2005.
Procedural History
The respondent-wife filed Criminal Case No.118/2009 under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. The Judicial Magistrate Court no.3, Khamgaon passed an order on 05.11.2009 granting relief. The petitioner appealed to the Additional Sessions Judge, Khamgaon in Criminal Appeal No.35/2009, which was dismissed on 22.01.2010. The petitioner then filed the present Criminal Writ Petition No.252/2011 before the High Court.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 18, 19, 20, 22
