Umakant S/O. Havgirao Bondre And ... vs Sakshi @ Sonali W/O. Suraj Bondre ...
2021 Latest Caselaw 16212 Bom

                                  {1}               CRI.RA 59 OF 2018


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD


      946 CRIMINAL REVISION APPLICATION NO.59 OF 2018
           WITH APPLN/2716/2021 IN REVN/59/2018

             UMAKANT S/O. HAVGIRAO BONDRE AND ANR
                               VERSUS
           SAKSHI @ SONALI W/O. SURAJ BONDRE AND ANR
                                  ...
            Advocate for Applicants : Shri Parag Vijay Barde
         Advocate for Respondent No.2 : Shri Ameya N. Sabnis
                                  ...
                                CORAM : M.G.SEWLIKAR, J.

                                DATE:      23rd November, 2021

 PER COURT:-



 1.       Heard.

2. Applicants are the parents of respondent No.2. Respondent

No.1 is the wife of respondent No.2.

3. Since the marriage of respondent No.1 and respondent

No.2 was on the rocks, respondent No.1 fled application for

maintenance and for shared household under Section 17 of the

Protection of Women from Domestic Violence Act (D.V.Act),

2005. Learned Magistrate declined the relief of shared household

under Section 17 of the D.V.Act. In appeal preferred by

respondent No.1 against the order of learned Magistrate, the

{2} CRI.RA 59 OF 2018

learned Appellate Court allowed the appeal and granted shared

household to respondent No.1. After passing of this order, the

marriage of respondent 1 and respondent No.2 came to be

dissolved by the order of the Family Court. The order of the

Appellate Court granting shared household has been challenged

in this revision.

4. After dissolution of marriage, respondent No.2 remarried.

Thereafter, respondent No.1 put to execution the order of the

Appellate Court granting shared household.

5. Shri P.V.Barde, learned counsel for the applicants submits

that this issue is squarely covered by the Division Bench

Judgment of Kerala High Court in the case of Ramachandra

Warrior Vs. Jayasree and Another [2021 SCC Online Ker 1444] in

which it has been held that "a divorced wife would not be

entitled to the right of residence conferred under Section 17 of

the Protection of Women from Domestic Violence Act, 2005, for

reason of that right being available only to a woman in a

domestic relationship".

6. In view of this, the impugned order passed by the learned

Appellate Court is stayed till the appearance of respondent No.1.

{3} CRI.RA 59 OF 2018

7. Respondent No.2 appears through Shri A.N.Sabnis, learned

counsel. He waives service of notice for respondent No.2.

8. Issue notice to respondent No.1, returnable on 20 th

December, 2021.

9. Parties to act on authenticated copy of this order.

( M.G.SEWLIKAR ) JUDGE SPT