SHEETAL CHANDRAKANT KUNJIR Vs. CHANDRAKANT TUKARAM KUNJIR

JUDGEMENT

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

(2.) The issue that falls for consideration of this Court in the present Writ Petition is, whether the Petitioner who married Respondent No. 1, during the subsistence of his marriage with Respondent No. 2 is entitled for the reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005, (for short "PWDVA, 2005 ") by treating her relationship with Respondent No. 1 as a 'relationship in the nature of marriage '?

(3.) The Petitioner filed a Domestic Violence complaint against the Respondents before the 33rd Court, JMFC, Pune. Criminal Misc. Application No. 2081 of 2011, filed by the Petitioner was allowed by the JMFC, Pune, vide order dtd. 31/3/2015. The Petitioner has been granted certain reliefs; directing Respondent No. 1 to pay Rs.28,000.00 p.m. towards maintenance of the Petitioner; Rs.5,00,000.00 was awarded by way of compensation; awarding compensation of Rs.10,000.00 towards expenses of the litigation; Respondent Nos. 1 to 3 were restrained from causing her any physical or mental harassment. This order came to be assailed by the Petitioner as well as the Respondents before the Sessions Court, Pune, by invoking Sec. 29 of the PWDVA, 2005.