Vinayak S/O Shivling Kharatmol vs Mayuri W/O Vinayak Kharatmol And ...
2024 Latest Caselaw 1227 Bom

Bombay High Court

Vinayak S/O Shivling Kharatmol vs Mayuri W/O Vinayak Kharatmol And ... on 17 January, 2024

                                        1                             953 revn.70.23.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
          953 CRIMINAL REVISION APPLICATION NO. 70 OF 2023

                  VINAYAK S/O SHIVLING KHARATMOL
                              VERSUS
             MAYURI W/O VINAYAK KHARATMOL AND ANOTHER

                                      ...
Advocate for Applicant : Mr. K. N. Shermale & Mr. Umair Pasha Sayyed.
                                      ...



                                 CORAM : SANJAY A. DESHMUKH, J.

                                 DATE       :   17th January, 2024.

P.C.:

1       Heard the learned counsel for applicant at length.



2       The learned counsel for applicant pointed out the judgment of

Kaushik S/o Anil Gharami Vs. Sau. Sangeeta Kaushik Gharami and

others (Criminal Writ Petition No.32 of 2014) and Sunil Gangadhar

Kadam and others Vs. Jayashri Sunil Kadam and another , (Criminal

Revision Application No.233 of 2018) in which the law is laid down that

the Domestic Violence Act is a law in addition to and not in derogation

of the provisions of any other law, for the time being in force. The wife

may simultaneously claim the reliefs under Domestic Violence Act as

well as under Section 125 of the Criminal Procedure Code. The test to

prove the domestic violence and refusal and neglect to maintain are

different.

2 953 revn.70.23.odt

3 In view of the above position of law, the execution of the

impugned order is stayed.

[ SANJAY A. DESHMUKH, J. ] nga