LAWS(BOM)-2020-3-434

SAU. SHILABAI HIRAJI LONARE Vs. HIRAJI SITRU LONARE,

Decided On March 11, 2020
Sau. Shilabai Hiraji Lonare Appellant
V/S
Hiraji Sitru Lonare Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of learned counsel appearing for the respective parties, Writ Petition is taken up for final disposal.

(2.) The petitioner - wife has called in question the legality and correctness of the judgment and order passed in Criminal Appeal No. 19/2017 on 08.06.2018, whereby the order of maintenance passed in Criminal Case No. 39/2012, has been set aside.

(3.) The petitioner - wife has filed an application before the Magistrate in terms of Section 12 of the Protection of Women from Domestic Violence Act , 2005 (hereinafter called as "the D.V. Act " for short), claiming various reliefs under Sections 18 , 19 , 20 , 21 and 22 of the D.V. Act. It was the case of petitioner - wife (aggrieved person), that she got married with respondent no.1 on 04.06.1982. She was subjected to mental and physical harassment which amounts to domestic violence in terms of Section 3 of the D.V. Act. She had lodged report about the harassment in the year 1991-92 against the respondent. The learned Magistrate after recording evidence was pleased to hold that there has been domestic violence, and accordingly vide order dated 31.03.2017, granted maintenance @ Rs.2000/- per month. Additionally an amount of Rs.50,000/- was granted towards compensation and Rs.10,000/- towards medical expenses. Besides that some other directions were issued that respondent no.1 shall not drive the petitioner from the house, and he shall not enter into her shared household.