VICKY MANOJ SHAH Vs. KANAL VICKY SHAH

JUDGEMENT

(1.) Heard Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband, Ms. Pooja Jalan, learned Counsel appearing for the Respondent No.1-Wife and Ms. Shilpa Talhar, learned APP appearing for the Respondent No.2-State.

(2.) By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 24 th October 2024 passed by the learned Principal Judge, Family Court, Mumbai below Exhibit-7 in Petition No. Criminal M.A.-23 of 2024. By the impugned order, the present Petitioner-Husband and his family members are restrained from causing any act amounting to domestic violence towards the Respondent-Wife and minor daughter and the present Petitioner-Husband has been directed to shift to alternate accommodation till disposal of the main application. The said order is passed under the provisions of Sec. 18 and Sec. 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 ("the D.V. Act").

(3.) It is the main contention of Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband that the marriage between the parties was solemnized on 25 th January 2003. The flat in question has been purchased by registered Sale Deed dated 29 th April 2003 and since then the Petitioner-Husband is staying along with the Respondent-Wife in the said flat. It is her further contention that in fact, there is no domestic violence and the Petitioner-Husband is subjected to abuse at the instance of the Respondent-Wife. To substantiate the said contention, she submitted that she has evidence in the nature of videos and transcripts. She therefore, submitted that it is share household even of the Petitioner-Husband and therefore, the impugned order be quashed and set aside.