ATTAULLAH MUSHTAQ KAZI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has taken exception to order dated 14th June, 2018, passed by the Additional Sessions Judge-2, Vasai in PWDVA Appeal No.18 of 2018.

(2.) Respondent No.2 is the wife of petitioner. They were married on 27th Oct., 1992, as per Muslim Rites and ceremonies at Fatehpur Shekhawati, Rajasthan. Out of the said wedlock, three children were begotten. Due to differences between the parties, respondent no.2 filed complaint under section 12 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as "The DV Act", for short).

(3.) According to the petitioner, after the marriage, the petitioner and respondent no.2 were residing on the ground floor of Kazi House. Thereafter, respondent no.2 started filing complaints with local police station alleging that the petitioner is harassing her. Various complaints were registered with the said police station. Respondent no.2 also arrayed the other family members in the application under the DV Act. Petitioner filed application before the trial Court seeking permission to stay on the ground floor of Kazi House where he used to stay along with respondent no.2. Trial Court allowed the said application by order dated 23rd Nov., 2015. By virtue of the said order, the petitioner was allowed to stay in the half portion of the house in the eastern side along with his son. He was also directed to execute bond of Rs. 15,000.00, for his good conduct.