ABHIJIT ANKUSH SHELKE Vs. SAU SHUBHANGI ABHIJIT SHELKE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard both sides with their consent finally at the admission stage.

(2.) Petitioners are challenging order dtd. 14/2/2024 passed below Exhibit-114 by Judicial Magistrate First Class, Parner in Criminal M.A No. 75 of 2013, refusing to direct the Respondent to give her voice sample for referring it to authorize forensic laboratory for verification/identification of her recorded voice in compact disc and the memory card. The Respondents have instituted proceedings under Ss. 12, 18, 19, 20 and 22 of 'The Protection Of Women From Domestic Violence Act, 2005' (in short Act of 2005) against the Petitioners in Criminal M.A No. 75 of 2013 which are at the stage of arguments.

(3.) The controversy between the parties is over domestic violence. Petitioner No.1 and Respondent No.1 were married on 5/5/2009. Respondent No.2 is the son born out of the said wedlock. Due to matrimonial disputes, they are residing separately. Both of them are working as teachers. By way of defence petitioners have raised a plea that Respondent No.1 is having extra marital relations with one Mr. Sanjay Dalvi and he claims that the conversation between Respondent No.1 and her paramour has been recorded in cellphone through memory card and being converted into compact disc. The memory card and the compact disc are produced on record and marked as Article 1 and Article 2.