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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.390 OF 2016.
PETITIONER: Mrs.Namrata Shailesh Wairagade,
aged about 29 years, Occu: Household
r/o Panchsheel Nagar, Chandika Ward
Taluka Bhadrawati, Distt.Chandrapur.
: VERSUS :
RESPONDENTS: 1. Shailesh s/o Shankar Wairagade,
aged about 32 years, Occu: Service,
r/o Panchsheel Nagar, Chandika Ward,
Tq.Bhadrawati, Distt.Chandrapur.
2. Shashikala w/o Shankar Wairagade,
aged about 55 years, r/o Panchasheel
Nagar, Chandika Ward Taluka Bhadrawati
Distt.Chandrapur.
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Mr.A.M.Sudame, Advocate for the petitioner.
Mr.Vinay Dahat, Advocate for the respondents.
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CORAM: P.N.DESHMUKH, J.
DATED: 4th SEPTEMBER, 2017. ORAL JUDGMENT: 1. Rule. Rule is made returnable forthwith. Heard finally by ::: Uploaded on - 06/09/2017 ::: Downloaded on - 07/09/2017 02:03:49 ::: 2 consent of learned counsel of both the parties.
2. Challenge in this petition is to impugned order dated 2nd April, 2016 passed by learned Additional Sessions Judge, Chandrapur in Criminal Appeal No.113 of 2014, thereby respondent - husband is directed to provide a separate residence to petitioner - wife in any other house consisting of one room having all requisite facilities within the area of 5 kms. from the ancestral house of respondent situated at Bhadravati. It appears that the learned appellate Court had modified the order passed by learned Judicial Magistrate (F.C.) in Misc.Criminal Application No.43 of 2014 by which it was ordered that respondent shall make arrangement for residence of petitioner in one room in their ancestral house. Learned counsel for the petitioner thus, contended that the order passed by the appellate Court, directing respondent to provide alternate residence within the area of 5 kms. from the ancestral house is uncalled for and without any basis.
3. It appears that marriage between petitioner and respondent no.1 took place in the mBillingsonth of April, 2013 and thereafter relations between them became strained due to which petitioner started ::: Uploaded on - 06/09/2017 ::: Downloaded on - 07/09/2017 02:03:49 ::: 3 residing separately and filed complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 wherein she filed application under Section 23 of the said Act seeking interim directions for her residence which are passed as aforesaid by the learned trial Court and are modified under the impugned order by learned appellate Court.
4. Learned Counsel for the petitioner has contended that petitioner has right to live in the house of her husband, however, by order impugned said right is affected.
5. Learned counsel for respondent has contended that in fact in pursuance to order passed by the learned appellate Court respondent has provided a separate residence consisting of one room within 5 kms. area from ancestral home of respondent however in said room parties resided even for a period of less than one month, and since then the premises is lying vacant though respondent is making payment of rent for the same. Learned counsel for the petitioner, on instructions, submits that she is residing with her parents at Chandrapur. It is, therefore, found that inspite of order passed by the learned trial Court ::: Uploaded on - 06/09/2017 ::: Downloaded on - 07/09/2017 02:03:49 ::: 4 to provide residence to petitioner which, to some extent, is found to be modified by the learned appellate Court by directing respondent to provide the residence to petitioner in a room within the diameter of the respondent's ancestral home, and accordingly respondent having found to have complied with the order by providing a separate residence for petitioner, she chose not to reside there and is residing with her parents. In the circumstances, it is found that the petitioner is not willing to reside in the accommodation provided by her husband. Admittedly, complaint filed under the Protection of Women from Domestic Violence Act is pending before the learned trial Court and is stated to be fixed for evidence.
6. Learned counsel for the respondent has submitted that considering the attitude and nature of petitioner since she is of quarrelsome nature and had lodged report with Police against the respondent, the appellate Court has rightly considered the question as to whether petitioner can be allowed to stay in the ancestral house of respondent or directions can be issued to respondent to provide her alternate residence to avoid further problems in the family and having considered above said fact directed respondent to provide a separate ::: Uploaded on - 06/09/2017 ::: Downloaded on - 07/09/2017 02:03:49 ::: 5 residence within 5 kms. from the ancestral home and in that circumstance, impugned order came to be passed.
7. Without observing anything on merit of the case, petition needs to be disposed of by expediting hearing in Misc.Criminal Application No.43 of 2014 pending on the file of learned Judicial Magistrate (F.C.) Court No.6, Chandrapur filed by petitioner under the provisions of Domestic Violence Act to be decided within a period of six months from the date of receipt of Writ of this Court.
Needless to say that pending decision of aforesaid proceedings if the parties are willing to stay together, respondent shall make necessary arrangement as it is stated at bar that since petitioner is not residing in the arrangement made, room arranged by respondent was required to be vacated as respondent was required to make payment of rent, which he had made for a period of about six months.
Petition is accordingly disposed of in above terms with no order as to costs. Parties to cooperate for early disposal of Criminal Application.
JUDGE chute ::: Uploaded on - 06/09/2017 ::: Downloaded on - 07/09/2017 02:03:49 :::