SAMEER Vs. ASMA SAMEER SHAIKH

JUDGEMENT

(1.) Present petition has been filed by original opponent No.1- husband challenging the order in Criminal Appeal No.206 of 2017 passed by learned Additional Sessions Judge, Ahmednagar dated 20-08-2018 thereby confirming the judgment and order passed by the learned Judicial Magistrate First Class, Court No.3, Ahmednagar in Criminal Misc. Application No.319 of 2013 dated 21-04-2017 thereby allowing the application under Section 12 of the Protection of Women from Domestic Violence Act and granting maintenance to present respondent No.1-original applicant.

(2.) Heard learned Advocate Mr. Sahikh Mazar A. Jahagirdar for petitioner and learned Advocate Mr. A. D. Aghav for respondent No.1. Name of respondent Nos.2 and 3, who were original opponent Nos.2 and 3, has been deleted by virtue of order passed by this Court on 17-10-2019.

(3.) It has been vehemently submitted on behalf of the petitioner that the point that the petitioner intends to raise is that petitioner No.1 is not residing with opponent Nos.2 and 3. The notice of the proceedings before the learned Judicial Magistrate First Class was sent on the given address, however, it was not received by opponent No.1. The notice was given through post i.e. R.P.A.D. and the perusal of the said packet would show that there was tick mark on refused as well as gone away. Therefore, the learned Magistrate ought to have, in fact, re-issued the notice and ought to have get the notice properly served on opponent No.1. Since the notice was not properly served on him, he did not remain present. Opponent Nos.2 and 3 had filed the say and opponent No.2 had entered the witness box. He had specifically stated that because of the mental condition of the applicant, opponent No.1 felt that he was harassed. Applicant No.1 used to attack on the person of all the opponents as well as her own son as a result of which opponent No.1 left the house and then he has given Talak to the applicant. Therefore, when a proper opportunity to contest the matter was not available to opponent No.1, he prays for setting aside the orders passed by both the Courts below and prayed for the directions that he be allowed to contest the matter.