MADHAV S/O.RADHAKRISHNA YESHWANT Vs. SAU PRAMILA

JUDGEMENT

(1.) BY the present application, the applicants have approached this Court u/s. 482 of The Cr.P.C. challenging the order passed below Exh.58, by the learned Magistrate, Aurangabad, by which the application of the present applicants, who is respondents before that Court was rejected in Cri.M.A.No.602/2008 filed u/s. 17, 18, 19, 20, 21, 22, 23 of The Protection of Women from Domestic Violence Act, 2005 (In Short Act of 2005), as they were intending to put certain questions in the cross examination of respondent no.1, who is applicant before learned J.M.F.C. Court Aurangabad.

(2.) RULE.

(3.) IT appears that after the pleadings are complete, the parties are directed to lead the evidence in support of their cases. It appears that the 1st respondent has filed her affidavit of examination in chief and now it is the turn of respondents to take the cross examination of 1st respondent, who is petitioner before the trial court and now it is the 1st respondent who has to face the allegations made against her in the written statement, in para no.16(a) to (f). Rule is laid down by our own High Court that unless the facts are pleaded, there cannot be any evidence to be lead to that effect and it is the settled legal position. While conducting the cases under the Act of 2005, while considering any violence at the hands of either of the spouse, causes harassment to the spouse styled as female, at the same time, her conduct is also material and the real cause behind this dispute to be searched. The questions which are proposed by the present applicants are based on these pleadings and as the learned lower court refused to allow these questions to be put by way of cross examination, an application was moved at Exh.58, wherein 15 questions were proposed to be put in the cross examination, which was denied by the trial court.