SUREKHA KESHAV KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has filed the present Writ Petitions thereby praying for quashing and setting aside the judgment and order dtd. 3/12/2025 passed by the Ad-hoc DJ-1 & ASJ, Jalgon (hereinafter referred to as Appellate Court for the sake of brevity) in Criminal Appeal No.53/2025 and further to dismiss the said Criminal Appeal No.53/2025 by restoring and confirming order dtd. 12/6/2025 passed by the learned Judicial Magistrate First Class, Pachora, (hereinafter referred to as the Trial Court ) below Exh. 28A and 30A in D.V. Application No.17/2022.

(2.) The learned counsel for the petitioner submits that vide application below Exh. 27, the petitioner has prayed for residence order in shared household under Sec. 19 of the Protection of Women from Domestic Violence Act, 2005 [for short 'DV Act']. The said application was disposed of by the learned trial Court vide order dtd. 9/10/2024 by giving liberty to both the parties to adduce evidence in respect of relief of residence order under Sec. 19 of the D.V. Act for final hearing. The respondent-husband, namely, Keshav Kumbhar has filed an Appeal challenging the order dtd. 9/10/2024 being Criminal Appeal No.124/2024. During pendency of the appeal, the respondent-husband had executed a sale deed in favour of his nephew Yogesh Suryawanshi with an attempt to defeat the petitioner's right to reside in the shared household vide registered sale deed No.12139/2024 dtd. 21/11/2024.

(3.) The petitioner was constrained to file application for amendment in D.V. Application No.17/2022 below Exh. 28A and another application Exh.30A for permission to add transferee nephew of respondent no.2 Yogesh on record under Sec. 2 (q) of the D.V. Act. The learned trial Court, after calling say of the respondents and hearing both sides at length, has decided the said applications vide separate orders dtd. 12/6/2025.