JAYANTILAL KANJI NAGDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution of India, is directed against the order dated 19th December, 2009 passed by the Sessions Court in Appeal No. 407 of 2009. By the impugned order, the Sessions Court set aside the order of the Learned Magistrate dismissing the application of the respondent for interim reliefs in the proceedings filed under Section 12 of the Domestic Violence Act ( D.V. Act for short).

(2.) THE marriage of the parties to the proceedings took place on 2nd March, 1972. The respondent started residing separate from the petitioner since 14th April, 1973. That means, it lasted barely for an year. There is a daughter born from the wedlock. The respondent has been receiving maintenance from the petitioner enhanced from time to time. No proceeding for divorce is filed by either party.

(3.) THE respondent, 34 years after the separation filed proceedings under the D.V. Act being Complaint No. 73/Misc/2008 seeking various reliefs and applied for interim maintenance of Rs.10,000/ - per month. The Learned Magistrate dismissed the application by his order dated 7th May, 2009 observing that, when the parties resided separately from 1973 the question does not arise for causing domestic violence. Hence, applicant failed to made out, primafacie case and hence she is absolutely not entitled for relief claimed. He also noted that, the order awarding maintenance enhanced from time to time upto Rs.1,000/ -per month is subsisting and the respondent had failed to establish that the petitioner owns a grocery shop.