PRASHANT PANDURANG HINGANE Vs. MANISHA PRASHANT HINGANE

JUDGEMENT

(1.) The applicants have challenged the proceedings initiated by respondent no.1 under the provisions of Protection of Women from Domestic Violence Act, 2005 ('D.3Act'). The proceedings are pending on the file of learned Judicial Magistrate, First Class, Sangamner.

(2.) Respondent nos.1 and 2 are the wife and son of applicant no.1. The applicant nos.2 and 3 are the parents of applicant no.1. Applicant no.4 is the younger married sister of the applicant no.1 and applicant no.5 is the husband of applicant no.4. The marriage between applicant no.1 and respondent no.1 was solemnized on 20 th May 2003.

(3.) The respondent no.1 filed an application before the Court of Judicial Magistrate, First Class, Sangamner, which was numbered as Criminal Miscellaneous Application No.808 of 2016 under the provisions of D.V.Act against the applicants. In the said application it was stated that the opponents had caused harassment to the applicant therein. The respondent no.1 was employed as a school teacher and for the convenience she sought transfer to the nearest school. Since 7th May 2007 the respondent no.1 was residing with the opponent nos.1 to 3 at Sangamner. The husband was addicted to liquor. It was also revealed that the husband was having illicit relationship with another school teacher. The respondent no.1 ascertained the said fact. Considering the view of respondent no.2, the respondent no.1 continued to bear the mental agony. The opponents also demanded Rs.1,00,000/ to be brought by her. It was also stated that respondent no.1 was abused, assaulted and was even thrown out of house. An application was, therefore, filed under Section 12 of D.V.Act and reliefs were sought under Sections 18 and 19 of the said Act. The application was filed on 10 th November 2016. The Court took cognizance of the same and issued notices to the opponents therein.