Kiran (Soni) Saraf vs Somali Soni
2022 Latest Caselaw 723 MP

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        The High Court Of Madhya Pradesh
                  MP No. 3806 of 2021
                      (KIRAN (SONI) SARAF AND OTHERS Vs SOMALI SONI)

Gwalior, Dated : 14-01-2022
      Heard through Video Conferencing.

      Shri Chetan Kanoongo, learned counsel for the petitioners.
      Heard on admission and interim relief.
      It is the submission of learned counsel for the petitioners that this
petition under Article 227 of the Constitution of India is maintainable in view
of the judgment dated 18.01.2021 passed by Madras High Court in the case

Dr.P. Pathmanathan Vs. Tmt. V. Monica in Crl OP No.28458/2019
and judgment dated 12.10.2020 passed by High Court of Bombay at Goa
in the case of Suraj Subash Tendulkar Vs. Ms. Sangeeta S. Tendulkar
and another.
      It is his submission that in the said judgments, it has been held that
proceedings under Section 12 of the Domestic Violence Act are civil in nature
and therefore, petition under Article 227 of the Constitution is maintainable
instead of petition under Section 482 of Cr.P.C. for challenging the
proceedings.

      It is further submitted that just to get rid of proceedings initiated by the
petitioners against the respondent for annulment of marriage under Section 12

of the Hindu Marriage Act, this device has been employed by the respondent as a counter blast.

Issue notice.

Process fee within seven working days through ordinary as well as registered A.D. mode, returnable within four weeks.

As an interim measures, proceedings before the court below shall continue without insistence upon the presence of the petitioners.

List the matter in the 2 nd week of February, 2022.

(ANAND PATHAK) JUDGE Rashid

RASHID KHAN 2022.01.17 17:04:27 +05'30'