MADHUSUDAN MURARILAL SHARMA Vs. JYOTSNA NILESH SHARMA

JUDGEMENT

(1.) The applicant-Madhusudan Murarilal Sharma is questioning the tenability of the proceedings instituted by non-applicant Smt. Jyotsna Nilesh Sharma under the Protection of Women from Domestic Violence Act ("DV Act" for short). The objection to the tenability of the proceedings is rejected by the Judicial Magistrate First Class, Court 1, Khamgaon, by order dated 05-2-2014 and Criminal Revision 46/2014 preferred by the applicant is dismissed by the Additional Sessions Judge, Khamgaon by judgment dated 08-10-2014.

(2.) Heard Mrs. R.S. Sirpurkar, learned Counsel for the applicant and Shri M.K. Pathan, learned Additional Public Prosecutor for non-applicant 2/State of Maharashtra. None appears on behalf of non-applicant 1Smt. Jyostna Nilesh Sharma.

(3.) Mrs. R.S. Sirpurkar, learned Counsel for the applicant would submit that the complaint under the D.V. Act is an abuse of the process of law. This submission is predicated on the assertion that the complainant and the present applicant were/are not in "domestic relationship" within the meaning of Section 2(f) of the D.V. Act. The extension of the said submission is that even if the averments in the complaint are taken at face value, no case of domestic violence is made out.