JUVERIA ABDUL MAJID PATNI Vs. ATIF IQBAL MANSOORI
LAWS(SC)-2014-9-100
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
September 18,2014
Juveria Abdul Majid Patni
Appellant
VERSUS
Atif Iqbal Mansoori
Respondents
Referred Judgements :-
C MOHAMMAD YUNUS VS. SYED UNNISSA [REFERRED TO]SHAMIM ARA VS. STATE OF UTTAR PRADESH [REFERRED TO]
INDERJIT SINGH GREWAL VS. STATE OF PUNJAB [REFERRED TO]
V D BHANOT VS. SAVITA BHANOT [REFERRED TO]
MASOOR AHMED VS. STATE NCT OF DELHI [REFERRED TO]
Cited Judgements :-
BIRENDRA KRISHNA NAG VS. SUSHMITA NAG CHATTERJEE [LAWS(CAL)-2024-3-106] [REFERRED TO]VIDIT MAHAJAN AND OTHERS VS. SUNALI MAHAJAN [LAWS(J&K)-2016-6-10] [REFERRED TO]
RANA RAM VS. PAYAL [LAWS(RAJ)-2019-9-283] [REFERRED TO]
NEHA CHAWLA VS. VIRENDER CHAWLA AND ORS [LAWS(P&H)-2019-10-205] [REFERRED TO]
RAMU SINGH TOMAR VS. SMT. BHURI BAI [LAWS(MPH)-2017-2-145] [REFERRED TO]
BAL MUKUND TIWARI VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-7-268] [REFERRED TO]
CHALLA SIVAKUMAR AND TWO OTHERS VS. CHALLA ANITA AND TWO OTHERS [LAWS(APH)-2018-10-9] [REFERRED TO]
AHSANULLAH VS. SHAHANA PARVIN [LAWS(BOM)-2023-6-918] [REFERRED TO]
BISMITA SAIKIA @ BISMITA SAIKIA DUTTA VS. PRANJAL DUTTA AND 3 ORS [LAWS(GAU)-2018-4-34] [REFERRED TO]
NAVIN KUMAR MISHRA AND ORS VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-6-66] [REFERRED TO]
A ASHA RANI @ SHEELA VS. P RAMESH [LAWS(MAD)-2018-6-514] [REFERRED TO]
FAKRU VS. MINSIRA AND ORS. [LAWS(P&H)-2020-1-423] [REFERRED TO]
SAMIM RAHAMAN VS. NASIMA KHATUN [LAWS(CAL)-2021-3-18] [REFERRED TO]
GAJANAN PARASHRAM RATHOD VS. SUREKHA GAJANAN RATHOD [LAWS(BOM)-2023-1-115] [REFERRED TO]
SHYAM SUNDAR SINGH VS. SULOCHANA DEVI [LAWS(CHH)-2021-11-102] [REFERRED TO]
PURUSHOTTAM DAS VS. STATE OF U.P. [LAWS(ALL)-2024-3-48] [REFERRED TO]
RAJEEV KUMAR SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-8-233] [REFERRED TO]
SHAMEENA SIDDIQUE VS. M.ABUBEKHAR SIDDIQ [LAWS(KER)-2022-4-171] [REFERRED TO]
MOHD. ABDUL SAMAD VS. STATE OF TELANGANA [LAWS(SC)-2024-7-45] [REFERRED TO]
SANDEEP KUMAR CHAUHAN VS. STATE OF UTTARAKHAND AND ANOTHER [LAWS(UTN)-2019-3-32] [REFERRED TO]
MOHD. KALEEM AND ORS. VS. WASEEM BEGUM AND ORS. [LAWS(TLNG)-2018-12-34] [REFERRED TO]
HARESH NARAYAN JAGUJA VS. NAMRATA HARESH JAGUJA JYOTI D O JETHANAND ASWANI [LAWS(GJH)-2015-4-191] [REFERRED TO]
KAUSHAL ARVIND THAKKER VS. JYOTI KAUSHAL THAKKER [LAWS(BOM)-2024-3-98] [REFERRED TO]
MANUDATT BHARDWAJ VS. BABITA BHARDWAJ [LAWS(MPH)-2019-8-181] [REFERRED TO]
YUSUF KHAN VS. KISHWAR JAHAN [LAWS(MPH)-2018-8-59] [REFERRED TO]
GAURISHANKAR RAJPUT VS. POONAM [LAWS(MPH)-2017-8-288] [REFERRED TO]
JAYASREE VS. INDRAPALAN [LAWS(KER)-2024-6-48] [REFERRED TO]
ANITA W/O ANAND TAMBE VS. ANAND S/O EKNATH TAMBE [LAWS(BOM)-2018-2-334] [REFERRED TO]
NARAYAN BABI SALGANONKAR VS. JAYSHREE ALIAS MANASI NARAYAN SALGANONKAR [LAWS(BOM)-2017-5-105] [REFERRED TO]
M. AMLUN NESHA VS. STATE OF W EST BENGAL [LAWS(CAL)-2023-9-53] [REFERRED TO]
RAM KUMAR MISHRA VS. STATE OF U.P. [LAWS(ALL)-2023-11-18] [REFERRED TO]
SETTU VS. RESHMA SULTHANA [LAWS(MAD)-2021-3-497] [REFERRED TO]
T. ARMSTRONG CHANGSAN VS. NEIKOL CHANGSAN [LAWS(GAU)-2018-3-35] [REFERRED TO]
X VS. Y [LAWS(KER)-2021-4-42] [REFERRED TO]
PINAPALA RAMALAKSHMI VS. PINAPALA RAMAKRISHNA NAIDU [LAWS(APH)-2022-3-111] [REFERRED TO]
JOGESHWAR SAW @ YOGESHWAR SAW @ DABLOO SAO @ DABLO VS. STATE OF JHARKHAND AND ORS [LAWS(JHAR)-2015-9-185] [REFERRED]
NIDHI SUSAN KURIAN VS. TEJAZ K JOHN [LAWS(KER)-2017-3-137] [REFERRED TO]
VARUN SLATHIA AND OTHERS VS. DIVYA GUPTA [LAWS(J&K)-2019-5-28] [REFERRED TO]
RAJESHBHAI BHIKHABHAI PRAJAPATI VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2016-8-91] [REFERRED]
RAJEEVKUMAR VS. REMYA MANOHARAN [LAWS(KER)-2023-12-107] [REFERRED TO]
KANJIBHAI BHANABHAI PARMAR VS. URMILABEN KANJIBHAI PARMAR [LAWS(GJH)-2019-12-76] [REFERRED TO]
LAKSHMAMMA VS. RAJEGOWDA [LAWS(KAR)-2023-7-1160] [REFERRED TO]
SHEIKH NISAR VS. SANJEEDA SHEIKHA [LAWS(MPH)-2019-9-65] [REFERRED TO]
SYED PARVEZ ALI VS. NAHILA AKHTAR [LAWS(MPH)-2017-4-182] [REFERRED TO]
JYOTI VS. SUMAN [LAWS(MPH)-2015-9-46] [REFERRED TO]
BHARAT BARARIA VS. PRIYANKA BARARIA [LAWS(DLH)-2017-5-145] [REFERRED TO]
SHYAMALI DUTTA VS. SATTYA SANDIP DUTTA [LAWS(CAL)-2022-5-24] [REFERRED TO]
SOMNATH CHAKRABORTY VS. RINKI CHAKRABORTY [LAWS(CAL)-2018-9-56] [REFERRED TO]
XXXXX VS. XXXXXX [LAWS(KER)-2022-10-295] [REFERRED TO]
MAJID JEHANGIR VS. MUNAVAR BASHIR [LAWS(J&K)-2020-12-62] [REFERRED TO]
ANIL KUMAR AGGARWAL VS. GOVT OF NCT & ANR [LAWS(DLH)-2015-5-617] [REFERRED]
MOHD. ASLAM @ ATEEK VS. SMT. AMRA BEGUM [LAWS(MPH)-2018-8-441] [REFERRED TO]
PRABHA TYAGI VS. KAMLESH DEVI [LAWS(SC)-2022-5-53] [REFERRED TO]
BIPIN, AGED 36 YEARS, CHANDRASENAN, RESIDING AT T.C. 50/365(3), PANACHAYIL, KALADI, KARAMANA P.O., THIRUVANANTHAPURAM VS. MEERA D.S., AGED 32 YEARS, D/O. K. SUSHAMA DEVI, MANU BHAVANAM, OPP. MUNICIPAL BUILDING, ATTINGAL P.O., THIRUVANANTHAPURAM DISTRICT [LAWS(KER)-2016-10-15] [REFERRED TO]
VINOD KUMAR VS. SHAKUNTALA AND ORS. [LAWS(HPH)-2016-3-42] [REFERRED TO]
ATMARAM VS. SANGITA [LAWS(BOM)-2019-11-10] [REFERRED TO]
WG. CDR. SHEROKH RASHID HAZARIKA VS. JAFRINA HAZARIKA (MUSSTT.) [LAWS(GAU)-2017-1-23] [REFERRED TO]
RICHA ARYA VS. STATE OF NCT OF DELHI AND ORS. [LAWS(DLH)-2016-2-90] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal has been preferred by the Appellant against the judgment dated 23rd January, 2013 passed by the High Court of Judicature at Bombay in Writ Petition No. 4250 of 2012. By the impugned judgment, the High Court dismissed the writ petition preferred by the Appellant and upheld the order dated 3rd November, 2012 passed by the Additional Sessions Judge, Sewree, Mumbai whereby the Sessions Judge held that the application filed by the Appellant under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Domestic Violence Act, 2005") is not maintainable.
(3.)The case of the Appellant is that she got married to 1st Respondent according to Muslim rites and rituals on 13th May 2005. 1st Respondent was in the habit of harassing her. She was subjected to physical abuse and cruelty. For example, 1st Respondent acted with cruelty, harassed her and had banged her against a wall on her back and stomach on 5th January, 2006, due to which she suffered severe low back pain. The 1st Respondent refused her entry into the matrimonial house on 19th February, 2006 and asked her to stay with her parents. She delivered a baby boy at Breach Candy Hospital, Mumbai on 10th August, 2006 but the 1st Respondent never visited to see the new born baby. Later, the 1st Respondent filed a petition seeking custody of the minor child.
(2.)This appeal has been preferred by the Appellant against the judgment dated 23rd January, 2013 passed by the High Court of Judicature at Bombay in Writ Petition No. 4250 of 2012. By the impugned judgment, the High Court dismissed the writ petition preferred by the Appellant and upheld the order dated 3rd November, 2012 passed by the Additional Sessions Judge, Sewree, Mumbai whereby the Sessions Judge held that the application filed by the Appellant under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Domestic Violence Act, 2005") is not maintainable.
(3.)The case of the Appellant is that she got married to 1st Respondent according to Muslim rites and rituals on 13th May 2005. 1st Respondent was in the habit of harassing her. She was subjected to physical abuse and cruelty. For example, 1st Respondent acted with cruelty, harassed her and had banged her against a wall on her back and stomach on 5th January, 2006, due to which she suffered severe low back pain. The 1st Respondent refused her entry into the matrimonial house on 19th February, 2006 and asked her to stay with her parents. She delivered a baby boy at Breach Candy Hospital, Mumbai on 10th August, 2006 but the 1st Respondent never visited to see the new born baby. Later, the 1st Respondent filed a petition seeking custody of the minor child.
Copyright © Regent Computronics Pvt.Ltd.