LAWS(BOM)-2018-3-115

VINOD RATILAL SOLANKI Vs. MS.SEEMA KONDIBA SONAWANE

Decided On March 16, 2018
Vinod Ratilal Solanki Appellant
V/S
Ms.Seema Kondiba Sonawane Respondents

JUDGEMENT

(1.) The applicant has invoked revisional jurisdiction of this Court under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (' Cr.P.C ') to challenge the order dated 10 th March 2014 passed by learned Metropolitan Magistrate, 53 rd Court, Mulund, Bombay below Exhibit-5 in C.C.No.24/DV/2012 as well as order dated 16th May 2012 issuing process and the order dated 8 th February 2016 passed by Sessions Court in Criminal Appeal No.656 of 2015.

(2.) The respondent no.1 preferred an application u/s 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as 'D.V.Act') before the Court of learned Metropolitan Magistrate, 53rd Court, Mulund, Mumbai. The respondent no.1 also preferred an application for interim relief u/s 23 of D.V.Act and sought maintenance from the revision applicant. This application was preferred on 29th May 2013.

(3.) Learned Metropolitan Magistrate by order dated 10 th March 2014 granted interim relief to respondent no.1 by partly allowing application Exhibit-5. The revision applicant was directed to pay maintenance of Rs.2,000/- p.m. to the respondent no.1 for her child from the date of application and the respondent no.1 was permitted to receive the amount on behalf of child. The revision applicant was also directed to pay rent of Rs.2,000/- p.m. to respondent no.1 and her child. The applicant or anybody on behalf of applicant herein were prohibited from committing any type of act of domestic violence to respondent no.1.