LOKESH KIRAN KUMAR SHAH Vs. SHRADDHA LOKESH SHAHS

JUDGEMENT

(1.) HEARD by consent, admitted and heard finally.

(2.) THE applicant is the husband of the respondent No.1. The respondent No. 1 has filed proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Domestic Violence Act") in the Metropolitan Magistrate's 27th Court at Mulund. By making an application under Section 12 of the Domestic Violence Act, the respondent No. 1 prayed for several reliefs including the residence order, under Section 19 of the said Act. The respondent No. 1 also prayed for various interim reliefs. The learned Magistrate, by an order dated 25 November 2009 granted maintenance and relief towards medical expenditure to the respondent No. 1, but declined to pass any order in respect of residence. Thereafter, the respondent No.l filed another application, specifically praying for a residence order. She prayed that the present applicant and his relatives (respondents before the Magistrate) be restrained from entering in the matrimonial house i.e. Flat No. A8, Shivam Building, Hansoti Lane, Kama Galli, Ghatkopar (W), Mumbai 400086. The learned Magistrate, after hearing the parties, dismissed the said application holding, inter alia, that the said flat could not be termed as a 'shared household within the meaning of clause (s) of Section 2 of the Domestic Violence Act. In coming to this conclusion, the Magistrate apparently placed reliance on the observations made by the Apex Court in S.R. Batra and Anr. v. Smt. Taruna Batra.1

(3.) BEING aggrieved thereby, the applicant has approached this Court invoking its inherent powers.