Allowed

Neelam Gordhan Rathod v. the State of Maharashtra and Ors.

Bombay HC25 Apr 2013WP/1432/2013

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition challenging a Magistrate's excessive delay in serving notice under the Domestic Violence Act. Finding the petitioner capable of taking care of herself during office hours, the court accepted an undertaking from the husband to refrain from contact during her working hours.

What did the court decide?

Respondent directed not to contact Petitioner orally, in writing, or via telephone/messaging during her office hours from 9:15 a.m. to 12 midnight.

Neelam Gordhan Rathod Vs the State of Maharashtra and Ors. — Domestic Violence | Bombay HC (2013)

WP No.1432_2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.1432 OF 2013

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Neelam Gordhan Rathod -- Petitioner V/s.

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The State of Maharashtra & Ors. -- Respondents

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Ms. Rohini Wagh, Adv. for the Petitioner. Ms. Neelam Rathod, Petitioner present in Court. Mr. Krishna Menon, Respondent No.2 present in Court. Ms. A.A. Mane, APP for the State, Respondent No.1.

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CORAM : MRS. ROSHAN DALVI, J. DATE : 25th April, 2013.

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P.C. :

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Rule. Made returnable forthwith.

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Petitioner and Respondent No.2 are stated to be wife and husband. Petitioner has alleged acts of domestic violence in her DV application No.190 / SS/ 2013. The learned Magistrate issued notice to the Respondent on 6^th April, 2013 returnable on 2^nd May, 2013 which is far beyond the three days period granted U/s.12(4) of the DV Act. The Petitioner complains that domestic violence alleged by her necessitated urgent relief.

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The parties are admittedly neighbours and live in adjoining premises; the petitioner with her parents and the Respondent with his parents. Hence the notice could have been served within hours. The order of the learned Magistrate, therefore, is seen to be mechanical. 4. However, the Respondent No.2 husband is now present

WP No.1432_2013

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before the Court. He states that he does not desire to commit any violence by any communication with the Petitioner wife.

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The Petitioner wife is a Chartered Accountant. She has long office hours. The husband states that she leaves for office at 9.15 a.m. and returns late night at about 11 p.m. or at about midnight. The wife, therefore, is seen to be a career person requiring to take care of her career. Being in such a position she is capable to taking care of herself. Respondent No.2 need not communicate with her during her office hours. Respondent No.2, who is present in Court, states that he understands this position and shall not communicate with her during her office hours at all. His statement which is in the nature of undertaking is recorded by the Court and accepted by the Court. Consequently Respondent No.2 is directed not to contact the Petitioner orally or in writing or through telephone or messaging during her office hours being 9.15 a.m. to 12 midnight.

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Respondent No.2 claims that the acts of domestic violence alleged against him are false. Those would have to be seen by the learned Magistrate in the application in accordance with law. 7. Hence the Writ Petition is disposed off on the above terms and rule is granted to the above extent.

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( ROSHAN DALVI, J.)

Neelam Gordhan Rathod v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Neelam Gordhan Rathod v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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