AMRUTA DEEPAK GOHIL Vs. DEEPAK BHAGWAT GOHIL

JUDGEMENT

(1.) Petitioner being aggrieved by the judgment and order dtd. 13/3/2023 passed in PWDVA Appeal No. 03/2023 by Learned Sessions Court, Aurangabad setting aside order dtd. 8/12/2022 passed in PWDVA Application No. 243/2019 by learned JMFC, Aurangabad, has preferred this Petition.

(2.) The facts in nutshell which has led to filing of the Petition can be recorded as under: Marriage between the Petitioner and the Respondent No. 1 was solemnized as per Hindu rites and customs on 2/7/2017 at Lonavala, Pune. It was second marriage of both. Petitioner has son and Respondent No. 1 husband has one daughter out of their first marriage. Both children are aged about 10 years. It is the case of the Petitioner wife that the Respondent No. 1 husband behaved indecently with her and caused sexual harassment. It is also stated that he had made allegations against the son of Petitioner for misbehaving with his daughter. Petitioner claims that on account of said ill-treatment she left her matrimonial home on 31/12/2017 and since then she is residing with her mother. With these averments application was filed before learned JMFC under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act ') and interim maintenance was prayed therein.

(3.) The said application was opposed by the Respondent No. 1 husband. There is, however, no dispute made about the fact that the Petitioner and the Respondent No. 1 are married on 2/7/2017 and they have one child each from the first marriage. He however denied allegations made by the Petitioner wife against him. It is alleged by the Respondent No. 1 that the son of the Petitioner has misbehaved with his daughter. A complaint is made to Cyber Cell by him against the Petitioner wife for recording a video of his daughter asking indecent question to her and circulating the said video. It is the contention of the Respondent No. 1 that though he was prepared to reconcile the dispute, the Petitioner has refused to cohabit with him and has put-forth unreasonable/unacceptable conditions for cohabitation. He further denied of causing any harassment to the Petitioner and further denied claim of maintenance.