AMBREEN AKHOON Vs. ADITYA AURN PAUDWAL AND ORS.

JUDGEMENT

(1.) Rule. By consent of the parties, Rule made returnable forthwith and heard finally.

(2.) This Writ Petition involves a question of law as to whether any relief can be sought against the relative of the respondent husband in the proceedings filed under section 26 of the Protection of Women from Domestic Violence Act before the Family Court

(3.) In this writ petition, the petitioner challenges the legality of the order dated 11.5.2015 passed by the Family Court at Bandra, Mumbai in Petition No.A-1086 of 2013. The petition before the Family Court was filed for divorce under the Special Marriage Act, 1954 r/w Protection of Women from Domestic Violence Act, 2005 (for the sake of brevity, hereinafter referred to as 'D.V. Act'). In the said petition, the petitioner/wife has made her mother-in-law as a party respondent. Therefore, an application was moved by Respondent No.2, the mother-in-law, under section 9A and Order 1 Rule 10 of the Civil Procedure Code for deleting the party on the ground of a misjoinder of party. An issue was raised before the Family Court that Respondent No.2 mother-in-law cannot be made a party to the nullity proceedings filed under the Hindu Marriage Act or Special Marriage Act as the Family Court has jurisdiction in respect of the proceedings between the parties to marriage only. The said application for compensation in the said petition was objected to on the ground that Respondent No.2, the mother of the husband, cannot be party to the proceedings under the D.V. Act before the Family Court. The learned Judge of the Family Court heard the matter and passed a reasoned order by which application under section 9A with Order 1 Rule 10 of the Civil Procedure Code was allowed and inter alia the preliminary issue is framed as to "whether the petitioner has proved that Respondent No.2 is a necessary party to the proceedings"