UMAKANT HAVGIRAO BONDRE Vs. SAKSHI

JUDGEMENT

(1.) The applicants in both these proceedings are the parents of respondent No.2 Suraj Umakant Bondre and in-laws of respondent No.1 Sakshi @ Sonali Suraj Bondre (hereinafter referred to as "Sakshi"). The marriage of respondents was solemnized on 10/6/2015, however, dispute arose between them and from 17/4/2016 respondent No.1 Sakshi started residing at her maternal house. The applicants in Criminal Revision Application No.59 of 2018 have challenged order dtd. 12/2/2018 passed by the Additional Sessions Judge, Udgir whereby Sakshi was permitted to occupy the shared household bearing No. 3/1/862/1/3/1/930 which is admittedly standing in the name of present applicant No.1 Umakant Bondre. The applicants have also challenged the order passed by learned Judicial Magistrate, First Class (Court No.3), Udgir on 23/10/2021 in Misc. Civil Application No. 91/2017 below exh.39 whereby the learned Magistrate directed the present applicants and her husband i.e. present respondent No.2 to give possession of one room on the ground foor with facility of attached WC, toilet and electricity from the aforesaid shared household.

(2.) Learned Counsel for the applicants in both these applications submitted that after marriage of present respondents, Sakshi used to harass her husband as well as the applicants by giving threats of committing suicide and ultimately left the aforesaid shared household willingly on 17. 04.2016 and started residing at her matrimonial house by declining the company of her husband and the applicants. He further submits that with a view to harass the applicants and her husband, Sakshi fled Criminal Misc. Application No. 97/2017 against the applicants and her husband in the Court of learned 3rd Judicial Magistrate, First Class, Udgir under the provisions of the Protection of Women from Domestic Violence Act, 2005 ( for short, "D.V. Act"). The learned Magistrate in the said application granted interim alimony of Rs.2,000.00per month to Sakshi and also granted an amount of Rs.1500.00 per month for her residential accommodation from her husband under the order dtd. 9/11/2017. The learned Counsel for the applicants then submitted that the aforesaid order dtd. 9/11/2017 was challenged by Sakshi before the learned Additional Sessions Judge, Udgir by way of Criminal Appeal No. 15/2017 and in the said appeal, the learned Additional Sessions Judge, vide order dtd. 12/2/2018, modifed the earlier order and instead of providing monthly amount of Rs.1500.00 to Sakshi for her residential purpose, he granted permission to Sakshi to occupy the aforesaid shared household with immediate effect. Learned Counsel for the applicants pointed out that in the mean time and after Sakshi started residing in the shared household, there was settlement between Sakshi and her husband i.e. respondent No.2 Suraj and accordingly Sakshi went for cohabitation with her husband to Pune on 11/6/2018. However, thereafter also Sakshi continued her rude behaviour as earlier and left the house of Pune willingly and started residing with her parents at maternal house.

(3.) Further, according to learned Counsel for the applicants, a divorce petition bearing HMP No. 92/2016 fled by husband of Sakshi against her was also pending in the Court of Civil Judge (Senior Division), Udgir and vide order dtd. 10/7/2018 passed in the said marriage petition, the marriage between Sakshi and her husband was dissolved. It is further pointed out that despite dissolution of marriage, Sakshi, with intention to harass the applicants, fled application below Exh.39 in the pending proceeding under the Domestic Violence Act i.e. Criminal Misc. Application NO. 91/2017 and prayed for execution of earlier order dtd. 12/2/2018 passed by the learned Additional Sessions Judge, Udgir in Criminal Appeal No. 15/2017 for providing her accommodation in the shared household. The said application was opposed by the present applicants and also by the husband of Sakshi on the ground that after dissolution of marriage between Sakshi and her husband, she lost right of residence. However, learned Magistrate, Udgir allowed the said application below Exh.39 partly and directed the applicants and husband of Sakshi to provide one room on the ground foor of the shared household with facility of WC bathroom and electric supply. Learned Counsel for the applicants also placed reliance on the following judgments :