A. Khalil (Abdul Khalil Shaikh ... vs Najema Parveen W/O. Mohd. Khalid ...
2022 Latest Caselaw 7064 Bom

                                              1                                    1 cri wp 488.2022

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                      CRIMINAL WRIT PETITION NO. 488 OF 2022

                    A Khalil (Correct Name Abdul Khalil Shaikh Habib) and ors.
                                              ..vs..
                            Najema Parveen w/o Mohd. Khalid and ors.

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Office Notes, Office Memoranda of Coram,                                Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Shri J.B. Kasat, Advocate for the petitioners.



                                            CORAM : VINAY JOSHI, J.

DATED : 22/07/2022.

Heard.

2. The petitioners who are the relatives of husband of respondent no. 1 have challenge the judgment and order dated 13.11.2021 passed by the Magistrate to the extent of directing them to pay compensation of Rs. 2 lakhs jointly along with the husband. Likewise, the order of dismissal of appeal has also been challenged.

3. The respondent no. 1-lady has filed application to the Magistrate in terms of Section 12 of the Protection of Women From Domestic Violence Act, 2005 claiming multiple reliefs as available under the Act. The learned Magistrate has allowed the application by which granted maintenance and issued prohibitory order as well as directed all the respondents to pay compensation to the tune of Rs.2 lakhs. It is argued that the allegations levelled in the application under Section 12 of the D.V. Act, were 2 1 cri wp 488.2022

restricted to the husband only. So far as petitioners are concerned, besides vague and general allegations, there is nothing to show the domestic violence from their end. It is submitted that after some time from marriage even the couple resided separately, and thus, they did not resided in shared household and therefore, there was no domestic violence at the hands of the petitioners.

4. Issue notice to the respondents, returnable on 19.08.2022.

5. In the meantime, the impugned order dated 13.11.2021 is stayed to the extent of direction to pay compensation of Rs. 2 lakhs as regards to the petitioners only.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

26.07.2022 11:40