KAUSHAL ARVIND THAKKER Vs. JYOTI KAUSHAL THAKKER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with consent of parties and taken up for final hearing. The Respondent No 1 appears in person. Vide order dtd. 14/12/2023, this Court had appointed Advocate Ashutosh Kulkarni as Amicus Curiae to assist the Court.

(2.) The revisional jurisdiction of this Court under sec. 397 of the Code of Criminal Procedure, 1973 (Cr.P.C) has been invoked by the revision applicant challenging the final judgment and order dtd. 14/7/2023 passed by the Sessions Court in Criminal Appeal No. 94 of 2023 arising out of the final judgment and order dtd. 6/1/2023 passed by the metropolitan magistrate in Case No.172/DV of 2027. By the judgment dtd. 14/7/2023 the Sessions Court has dismissed the appeal declining to interfere with the judgment of the metropolitan magistrate passed in the application filed under sec. 12 of the provisions of Protection of Women from Domestic Violence Act 2005 [for short "the DV Act"].

(3.) The Applicant and the Respondent no.1 are the citizens of USA. The applicant is currently residing in USA whereas respondent no.1 is currently residing in Mumbai. The marriage of the parties was solemnized on 3/1/1994 in Mumbai and subsequently the marriage ceremony was also performed in USA on 25/11/1994. In the year 2005-2006 the Applicant and Respondent no.1 came back to India and started residing at Meru Heights, Matunga which property stood in the joint names of parties. After coming back to India, the Respondent no.1 started working with "Capgemini" company at Vikhroli and is employed till date. In the month of May 2008 Respondent no.1 left the matrimonial house at Meru Heights Matunga and started residing with her mother where she is still residing. In the year 2014-15 the Applicant moved back to USA. In the year 2017, the Applicant filed proceedings seeking Divorce in the USA Court and the summons was received by the Respondent No 1 on 15/5/2017. On 7/7/2017 an application under Ss. 12, 17, 18, 19, 20 and 22 of the DV Act was filed by the Respondent No 1 in the Court of Metropolitan Magistrate, 61st Court, Kurla being Application No. 175/DV of 2017. On 3/1/2018 the USA Court granted Decree of Divorce dissolving the marriage between the Applicant and Respondent No 1.