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Bombay High Court
Janardhan Bhimrao Harne vs Rekha W/O. Janardhan Harne And Another on 16 February, 2026
2026:BHC-AUG:6648
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 101 OF 2021
. Janardhan s/o Bhimrao Harne
Age: 47 years, Occu.: Service,
R/o. 140, N-2, S.T.Colony,
Opp. Sanya Motors, Mukundwadi,
Aurangabad, Dist.Aurangabad. ....Applicant
(Org. Respondent)
Versus
1. Rekha W/o. Janardhan Harne
Age: 46 years, Occu.: Household.
2. Ganesh s/o Janardhan Harne
Age: 09 years, Minor.
Both R/o. Torna Complex, N-9,
T.V. Center Area, CIDCO, Aurangabad,
District Aurangabad. ....Respondents
(Org. Applicants)
....
WITH CRIMINAL REVISION APPLICATION NO. 103 OF 2021
1. Rekha W/o. Janardhan Harne
Age: 46 years, Occu.: Household.
2. Ganesh s/o Janardhan Harne
Age: 09 years, Minor.
U/G. of Petitioner No.1.
Both R/o. Torna Complex, N-9,
T.V. Center Area, CIDCO, Aurangabad,
District Aurangabad. ....Respondents
(Org. Applicants)
Versus
. Janardhan s/o Bhimrao Harne
Age: 47 years, Occu.: Service,
R/o. 140, N-2, S.T.Colony,
Opp. Sanya Motors, Mukundwadi,
Aurangabad, Dist.Aurangabad. ....Applicant
(Org. Respondent)
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.....
Advocate for Applicant Husband in Revn/101/2021 and for
respondent in Revn/103/2021 : Mr. Bhushan S. Dhawale
Advocate for Respondent no.1 Wife and respondent no.2 Son in
Revn/101/2021 and for applicants in Revn/103/2021
: Mr. S.R.Bodade
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 09 FEBRUARY, 2026
PRONOUNCED ON : 16 FEBRUARY, 2026
JUDGMENT :
1. Both above revisions are directed against common judgment
passed by learned Adhoc District Judge-1 and Additional Sessions
Judge, Aurangabad, while deciding Criminal Appeal (PWDVA) No.12
of 2020, which is at the instance of wife and son, challenging order
passed by learned Judicial Magistrate First Class (JMFC), Court
No.20, Aurangabad in PWDVA Application No.108 of 2017 dated
10-01-2020, whereas Criminal Appeal (PWDVA) No.19 of 2020 is at
the instance of husband, thereby challenging the same order of
learned JMFC, Aurangabad
2. Facts leading to above proceedings are that, revision
petitioners of Criminal Revision Application No.103 of 2021 (who are
wife and son) instituted proceedings bearing PWDVA Application
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No.108 of 2017 before learned JMFC, Aurangabad by invoking
provisions under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 (for short "DV Act") against husband
setting up a case that, on 16-06-2007, petitioner no.1 wife performed
Temple marriage with respondent Janardhan Bhimrao Harne and it
was her case that, out of their wedlock, they have a son namely
Ganesh (petitioner no.2). That, she was treated properly up to
October, 2011, but thereafter, she was mal-treated, assaulted and
subjected to physical and mental cruelty. That, husband had
suppressed his previous marriage and that he had two children.
That, respondent husband started neglecting them both so she filed
complaint before Cidco Police Station. It is her case that, respondent
husband, was working in Police Department and in October, 2011,
while she was pregnant, she was mercilessly beaten and driven out of
house and therefore, she was constrained to reside in a rental
premises. That, she has no independent means and source of income
to maintain herself as well as her child, whereas respondent husband
earned over Rs.40,000/- by way of salary and he has distinct rental
income as well as agricultural income and therefore, she set up above
application seeking multiple reliefs including monetary reliefs.
During pendency of the proceedings under the DV Act, by
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order date 19-07-2017 passed on application Exh.1, interim
maintenance was granted to the wife and son to the tune of
Rs.2,500/- per month each.
3. Above proceedings were resisted by respondent husband
denying the very factum of marriage and about he to be father of
Ganesh. It is his case that, all allegations and accusations are false
and documents relied by wife are manufactured and fabricated one.
Both sides adduced oral as well as documentary evidence to
substantiate their cases. Finally, on appreciating the same, learned
JMFC, by order dated 10-01-2020, passed a detailed order partly
allowing the claim directing payment of Rs.3,000/- per month to
each of the petitioners i.e. wife and son, compensation of Rs.25,000/-
and cost of litigation and passed necessary directions to prevent
respondent from inflicting violence.
4. It appears that, dissatisfied by the above judgment, wife and
son, again knocked doors of the First Appellate Court vide Criminal
Appeal (PWDVA) No.12 of 2020 primarily on the ground of
inadequate maintenance.
Similarly, original respondent husband also challenged above
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order of JMFC vide Criminal Appeal (PWDVA) No.19 of 2020 thereby
questioning legality and sustainability of order passed by learned
JMFC.
Learned Adhoc District Judge-1 and Additional Sessions Judge,
Aurangabad, allowed appeal filed by wife and son modifying the
quantum from Rs.3,000/- per month each to Rs.6,000/- per month
each and maintained the remaining order of the learned JMFC intact.
Vide the same judgment, appeal at the instance of respondent
husband bearing Criminal Appeal (PWDVA) No.19 of 2020 came to
be dismissed.
Feeling aggrieved by the above order of learned First Appellate
Court, again both wife and husband have approached this Court by
way of instant revision petitions by invoking Section 397 of the Code
of Criminal Procedure.
5. Before adverting to the merits of the matters, it would be
fruitful to spell-out the scope for this Court while entertaining
revisionary powers.
While exercising powers under Section 397 of the Cr.P.C., this
court is merely expected to test the legality, propriety or illegality in
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the findings recorded by learned trial court. Such powers are to be
exercised to prevent miscarriage of justice and when there are glaring
errors on the face of order or there is failure and non compliance of
law. Re-appreciation is to be avoided unless findings are patently
perverse and as such, is the narrow scope of revisional court. Law
regarding the scope of revision is elucidated in catena of judgments.
Though there are catena of judgments, the landmark judgment of
Amit Kapoor v. Ramesh Chander and another (2012) 9 SCC 460 is
relied and the relevant observations therein are borrowed and quoted
as under :
"12. Section 397 of the Code vests the court with the
power to call for and examine the records of an inferior
court for the purposes of satisfying itself as to the legality
and regularity of any proceedings or order made in a case.
The object of this provision is to set right a patent defect
or an error of jurisdiction or law. There has to be a well -
founded error and it may not be appropriate for the court
to scrutinise the orders, which upon the face of it bears a
token of careful consideration and appear to be in
accordance with law. If one looks into the various
judgments of this Court, it emerges that the revisional
jurisdiction can be invoked where the decisions under
challenge are grossly erroneous, there is no compliance
with the provisions of law, the finding recorded is based
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on no evidence, material evidence is ignored or judicial
discretion is exercised arbitrarily or perversely. These are
not exhaustive classes, but are merely indicative. Each
case would have to be determined on its own merits."
6. Heard both sides at length, wherein both learned counsel took
this Court through the length and breadth of the impugned judgment
and order passed by learned JMFC as well as by learned First
Appellate Court. They also took this Court through the nature of
evidence adduced by each of them before the learned trial court i.e.
learned JMFC.
In support of their case, learned counsel for petitioners wife
and son sought reliance on the decision of the Hon'ble Supreme
Court in the cases of Chanmuniya v. Virendra Kumar Singh
Kushwaha and Anr., 2010 AIR SCW 6497; Lalita Toppo v. State of
Jharkhand and Anr., 2018 STPL 13084 SC; Tulsa and Ors. v.
Durghatiya and Ors., 2008 STPL 2617 SC; Dwarika Prasad Satpathy
v. Bidyut Prava Dixit and Another, 1999 STPL 11201 SC; Vimala v.
Veeraswamy, 1991 STPL 2373 SC; S.R.Batra and Another v. Taruna
Batra (Smt) in Civil Appeal No.5837 of 2006 (Arising out of SLPs (C)
Nos.6651-52 of 2005) dated 15-12-2006; Saraswathy v. Babu, in
Criminal Appeal No.1999 of 2013 dated 25-11-2013; Smt.Ass Kaur
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(Deceased) by L.Rs. v. Kartar Singh (Dead) by L.Rs. And Ors., 2007
(5) ALL MR 909, Neelam Gupta v. Mahipal Sharan Gupta and
Another, 2020(2) Crimes 83 (SC). He also relied on the decision of
Delhi High Court in the case of Shabana v. Shahid Beg dated
09-08-2017.
To buttress his submissions, the learned counsel for the
respondent husband has placed reliance on the decision of the
Hon'ble Supreme Court in the cases of D.Velusamy v.
D.Patchaiammal, (2010) 10 SCC 469; Indra Sarma v. V.K.V. Sarma,
(2013) 15 SCC 755; Sheetal Chandrakant Kunjir v. Chandrakant
Tukaram Knjir and Ors., MANU/MH/0127/2026; Yamunabai
Anantrao Adhav v. Anantrao Shivram Adhav and Ors., (1988) 1 SCC
530 .
7. At the outset, it needs to be noted that wife herself claimed
that earlier she was married to one Jaywant Sitaram Sonawane and
that she had sought divorce from him. But there is no iota of
evidence in this direction i.e. on the point of divorce.
However, in support of her case, apart from her own evidence,
she adduced evidence of Abhishek Jaywant Sonawane (son from her
first marriage) at Exh.11, her own sister Bharati Chandrashekhar
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Mandge at Exh.34 and her brother-in-law Bharat Muralidhar Jadhav
at Exh.39 particularly on the factum of her marriage and relation
with respondent husband.
8. On the other hand, while refuting the case of relation as
husband and wife, husband adduced evidence of official of
Municipal Corporation working in the Birth and Death Registration
Section namely DW2 Kamlakar Madhukarrao Dnyate at Exh.70, he
also adduced evidence of DW3 Dinesh Pandurang Pund at Exh.73,
and DW4 Shripad Govindrao Patil at Exh.79, who were HR Manager
and General Manager (HR) respectively of Radico Company wherein
first husband of wife namely Jaywant Sonwane was in employment.
That apart, he also adduced evidence of DW5 Dr.Aparna Raul at
Exh.92, who ran Avishkar Hospital where birth of Ganesh i.e. present
petitioner no.2 took place.
Thus, above is the sum total of evidence adduced by both of
the sides before learned JMFC, who conducted proceedings bearing
PWDVA Application No.108 of 2017.
9. Here, it is noticed that except branding such documents to be
false and fabricated, there is no counter evidence by respondent
husband. Whatever evidence is adduced by him is regarding previous
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marriage of wife and birth of a child from first marriage, which is at
all not refuted by wife.
On studying the above evidence, it is noticed that, petitioner
no.1 wife has placed on record various documents collectively at
exh.3, 12, 17, 28, 59, 62, 69 and 111 including photographs of
petitioner no.1 wife and respondent husband and Government papers
carrying names of both of them.
On the strength of above evidence on behalf of petitioner no.1
wife, it seems that she projected herself to be wife of respondent.
She has also placed on record copies of complaint filed by her at
Cidco Police Station as well as before Women Grievances Redressal
Cell. There, she has specifically contended that respondent was
visiting her and staying with her since 2007 to 2016. Her son
Abhishek (from first husband) has also deposed about party to the
Temple marriage at Verul. He has also specified the date of assault
on petitioner no.1 wife on 19-05-2016.
In the documents pertaining to school of Ganesh, name of
present respondent is appearing. There is no serious challenge to
said documentary evidence atleast before the learned JMFC.
Consequently, there are reasons to hold that there were some sort of
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relations between revision petitioner no.1 wife and husband.
10. Petitioner no.1 wife has consistently maintained that, after
marriage, she initially went to stay with respondent husband at his
place and after few days, on objection being taken by his mother, he
shifted her and dropped her at Torna Complex where she used to
reside initially. But again, it is her evidence that, he was visiting her
there also and inflicting violence and threats.
11. Admittedly, revision petitioner no.1 wife, in her initial
proceedings before learned JMFC invoked the provisions of the DV
Act.
What is meant by "domestic relationship" has been defined in
section 2(f), which means a relationship between two persons who
live or have, at any point of time, lived together in a shared
household.
Similarly, Section 2(q) defines "respondent" as any male adult
person, who is, or has been, in domestic relationship with aggrieved
person and definition of "aggrieved person" is provided in Section
2(a) of the DV Act.
Having comprehended the above definitions and on taking into
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account the object of the above Act, there is no denial that it is a
progressive Legislation, enacted with sole intention to protect woman
"irrespective" of her relation, which she shares with respondent. It is
an enactment for providing immediate remedies to aggrieved
woman.
It would be apposite to refer to the decision of Three Judges
Bench of Hon'ble Supreme Court in the case of Lalita Toppo v. State
of Jharkhand and Another, [(2019) 13 SCC 796] in which it is held
that, "2005 Act provides an efficacious remedy for maintenance even
if victim is not the legally wedded wife, and infact under the
provisions of Protection of Women from Domestic Violence Act,
2005, the victim i.e. estranged wife or live-in partner would be
entitled to more reliefs than what is contemplated under Section 125
of the Cr.P.C. namely, to a shared household also".
Yet again, in the case of Chanmuniya v. Chanmuniya Virendra
Kumar Singh Kushwaha [(2011) 1 SCC 141], which is also referred
and relied by learned JMFC, the Hon'ble Apex Court held that,
"where a man, who lived with a woman for a long time and even
though they may not have undergone legal necessities of valid
marriage, should be made liable to pay maintenance, if he deserts
her. A man should not be allowed to benefit from the legal loopholes
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by enjoying advantages of a de facto marriage without following
duties and obligations".
Again in the case of D.Velusamy v. D.Patchaiammal, (2010) 10
SCC 469, which is referred to by learned Counsel for revision
petitioner husband, the Court had occasion to consider the provision
of 2(f) of DV Act to draw conclusion that " relationship in the nature
of marriage is akin to common law marriage".
12. In the light of above legal position, here, as stated above,
before the learned JMFC, petitioner no.1 wife indeed has placed
material suggesting her cohabitation with respondent husband. She
has filed complaints, copies of which are placed on record and has
also placed on record copy of FIR, photographs, Memory Card, Pen
Drive regarding instance dated 19-05-2016, though she failed to
place on record Certificate under Section 65B of the Indian Evidence
Act.
Resultantly, here, there is material to draw inference that there
were relations in the nature of marriage. Petitioner no.1 wife has
invoked Section 12 of the DV Act. The object of the said Act is to
grant and ensure protection and maintenance to a woman which is
its salient feature. Consequently, though there is no legal proof of
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alleged marriage at Verul, there is other material as stated above
including evidence of petitioner's son from first marriage, her sister
and her brother-in-law, who too claimed and endorsed relations
between the parties as husband and wife.
13. The learned JMFC indeed had an advantage to appreciate the
entire oral and documentary evidence. The existing legal provisions
seem to be touched at respective places and time, and only on getting
satisfied that wife is entitle to relief, the same has been extended.
How learned trial Court erred in correctly appreciating the evidence
as well as law and what patent illegality has been committed, has not
been demonstrated by respondent husband.
Bearing in mind the limited scope in revision, this Court does
not find there to be any reason to interfere in the impugned common
Judgment order of the learned First Appellate Court. Accordingly,
following order is passed :
ORDER
Criminal Revision Application Nos.101 of 2021 and
103 of 2021 stand dismissed.
( ABHAY S. WAGHWASE )
JUDGE
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14. On pronouncement of this Judgment, Mr.B.S.Dhawale, learned
Counsel for revision petitioner husband in Criminal Revision
Application No.101 of 2021, submits that, he intends to approach the
Hon'ble Apex Court against the today's order and therefore, he urges
to continue the interim relief granted by this Court vide order dated
08-10-2021, for a period of six weeks from today.
15. Learned counsel for respondent nos.1 and 2 opposes the same.
16. Considering the above request made by learned Counsel for
revision petitioner husband, to enable him to approach the Hon'ble
Apex Court, the interim relief granted by this Court vide order dated
08-10-2021, is continued for a period of six weeks from today.
( ABHAY S. WAGHWASE )
JUDGE
SPT
