SHIVANI BALSARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Perused the Orders passed by this Court dated 5th November, 2021 and 10th November, 2021. As recorded in our Order dated 10th November, 2021, the Respondent No.6 despite orders was not present before this Court yesterday. When we were about to issue a warrant of arrest to secure the presence of Respondent No.6 before this Court, Respondent No.7 (brother of Respondent No. 6) who was present in Court, gave an undertaking that Respondent No.6 will remain present before this Court on 11th November, 2021 at 10.30 a.m. The undertaking was accepted.

(2.) Before we record what transpired in Court today, we are of the view that to understand the seriousness of the matter, it is imperative to once again set out in brief certain facts of the present case as narrated by the Petitioners, more particularly the role of Respondent No.6.

(3.) On 5th November, 2021 the Petitioner No.1 approached this Court with a written Representation/Letter setting out therein the cruel treatment meted out to her by her family members, Respondent No. 6, as well as the members of the Ahir Community, including Respondent Nos. 8 and 9 after she got married with the Petitioner No.2 and the aforestated circumstances under which she made the statements before the Court. The contents of the said Letter illustrates the extremely cruel treatment meted out to the Petitioner No.1 physically, as well as mentally by the family members of Petitioner No.1 and the Respondent Nos.6, 7 and 8. The Letter also disclosed that despite being married to Petitioner No.2, she was offered in marriage to Respondent No.6, who exploited her mentally and physically including indulging in sexual assaults.