DAISY ROHAAN BHATHENA Vs. ROHAAN PLASI BHATHENA

JUDGEMENT

(1.) Ms. Taubon Irani, learned Advocate appearing for the Applicant, seeks interim relief restraining the Respondent from entering the Applicant's flat situated at F-43 Cusrow Baug, Electric House, Colaba, Mumbai-400005, under Sec. 19(1)(b) and (c) of the Protection of Women from Domestic Violence Act, 2005 (DV Act).

(2.) Ms. Irani submits that the Applicant has instituted proceedings under Sec. 32 (dd) and (e) of the Parsi Marriage and Divorce Act, 1936, being Suit (St) No. 38137 of 2024, as well as an Application under Ss. 18 to 20, 22, 23 and 26 of the DV Act. The present Application, she clarifies, is filed under Sec. 23 of the DV Act seeking interim protection.

(3.) It is submitted that the parties were married on 16 th December 2011 at Albless Baug, Mumbai, in accordance with Parsi rites and customs. Two children have been born from the wedlock - a son aged 6 1/2 years and a daughter aged 2 years. Throughout the marriage, the Applicant has allegedly been subjected to continuous cruelty - physical, mental, emotional and financial. The Respondent is stated to have physically assaulted the Applicant on several occasions and abused her family members in offensive language. Despite repeated interventions by relatives, the Respondent's behaviour did not improve. The Applicant, as a last resort, filed two police complaints at Colaba Police Station in 2024. Upon continued misconduct, she has now sough to dissolve the marriage.