- (1.) Heard Mr. Anand Parchure, learned counsel for the petitioners; Mr D.B. Yengal, learned APP for respondent No. 1 and Mr. N.S.Bhattad for respondent No.2.
(2.) Rule, returnable forthwith. With the consent of respective learned counsel, the matter is taken up for final disposal
(3.) By means of this petition, the petitioners seek to quash and set aside the impugned order dated 18.7.2010 passed by learned Additional Sessions Judge, Akot arising from the order dated 15.2.2010 passed by learned Judicial Magistrate, First Class, Akot. It appears that the learned JMFC by order dated 15.2.2010 in respect of an application challenging the authority/jurisdiction of the Court to entertain Misc. Application No. 155/ 2009 considered the application filed and the say from the other side, with reference to Section 27 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (hereinafter to be referred to as "the Act of 2005") and held that the learned JMFC has jurisdiction to entertain, try and decide the application of the aggrieved person under the Act of 2005. It is not disputed that the said application was decided without recording the statement of the parties with reference to documents which were relied upon by either of the parties. It is also not disputed that the aggrieved person Arti Harshad Bhutada had married Harshad Ramesh Bhutada on 11.7.2008 at Akola. After their marriage, they resided at Nasik. Father of the aggrieved person is carrying on business and is residing at Chembur (Mumbai). However, on the ground that the applicant is temporarily resident of Akot along with maternal brother of her father, it appears that the application challenging the jurisdiction of the Court to entertain, try and decide the application of the aggrieved person was rejected by order dated 15.2.2010 in Misc. Application No. 155/2009. The order was subject matter of challenge by means of an Appeal before the learned Addl. Sessions Judge, Akot who too dismissed the appeal confirming the finding by the learned trial Magistrate that the trial Court has jurisdiction to entertain and try the proceedings under the Act of 2005 which came into being from 26.10.2006.;