Disposed

Ratty Bahadur Dumasia v. Dhunji Jahangir Bhathena and Anr.

Bombay HC30 Jan 2013APL/1277/2012

Case brief

AI extract

What is this about?

Application for domestic violence relief where parties are family members sharing a flat. Court accepted undertakings from all parties to maintain peace and avoid eviction, allowing the matter to be disposed off without further adjudication on merits.

What did the court decide?

Parties given undertakings to maintain peace and live peacefully in flat; connected appeals and main application disposed off.

Ratty Bahadur Dumasia Vs Dhunji Jahangir Bhathena and Anr. — Domestic Violence | Bombay HC (2013)

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Cri Appl No.1277_2012

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jsn

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1277 OF 2012

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-- Mrs. Retty Bahadur Dumasia Applicant V/s. -- Mrs. Dhunji Jahangir Bhathena & Ors. Respondents

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Mr. Niranjan Mundargi, Adv. for the Applicant. None for the Respondent No.1 Mrs. A.A. Mane, APP for the State, Respondent No.2.

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CORAM : MRS. ROSHAN DALVI, J. DATE : 30th January, 2013.

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P.C. :-

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The parties are family members. The applicant claims Domestic Violence at the hands of Respondent No.1. The applicant and her son reside in one room of the flat. Respondent No.1 and his mother reside in the other room of the flat. Whereas the applicant claims that the Respondent harassed and troubled the applicant, Respondent No.1 claims that the applicants's case is false and the applicant and her son wants to evict the Respondent and his mother from the suit flat because the son of the applicant is due to be married.

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The son of the applicant refutes this allegation. Hence Court has called upon both the parties to give their required undertakings to maintain domestic peace and also to allow Respondent No.1 and his mother to live in the flat where they have been living. Consequently, the son of applicant has given written undertaking for himself and on behalf of his mother, the applicant

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Cri Appl No.1277_2012

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jsn

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herein, in Court signed by him that they shall not evict Respondent No.1 and his mother who are staying in the other room in the same flat. Similarly, Respondent No.1 has given written undertaking to the Court that he will stay peacefully and not trouble the applicant and her son. The undertakings are accepted. They are taken on record. The Criminal Revision Application is disposed off in terms of the undertakings.

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Consequently the appeal filed in the Sessions Court at Sewree as also the main application under the Domestic Violence Act in the Court of Metropolitan Magistrate, 25^th Court, Mazgaon, Mumbai stand disposed off in terms of the undertakings.

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( ROSHAN DALVI, J.)

Ratty Bahadur Dumasia v. Dhunji Jahangir Bhathena and Anr.

Case brief

What is this about?

What did the court decide?

Ratty Bahadur Dumasia v. Dhunji Jahangir Bhathena and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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