ZEBA MOHASIN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition involves an important question of law pertaining to the liability of a daughter in law, her father and brother in an action initiated against them by her mother in law under the provisions of Protection of Women From Domestic Violence Act, 2005 ('DV Act').

(2.) The Petitioners seek quashing of DV Application No.40 of 2018, initiated by the Respondent No.2 against them under the provisions of the DV Act, and consequently, setting aside order dtd. 10/1/2019 passed by the Judicial Magistrate, First Class, Koregaon, Satara, directing issuance of summons to the Petitioners.

(3.) By order dtd. 19/3/2019, notice was directed to be issued to the Respondent No.2 returnable on 5/4/2019 and private service was allowed. Notice was again issued by order dtd. 20/6/2019 by this Court to the Respondent No.2. The Petitioners have served the Respondent No.2 by private service and an affidavit of service along with the receipt of private service has been placed on record. Despite, receipt of notice, the Respondent No.2 has failed to appear before the Court and hence, the matter is taken up for hearing ex-parte.