The High Court dismissed a writ petition challenging a Family Court order for ex-parte proceedings as frivolous. The Court also refused to quash a complaint under the DV Act, explaining it is not a criminal proceeding, and remitted both matters to respective authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.2651/2013(92)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION
WRIT PETITION NO. 2651 OF 2013 AND WRIT PETITION NO. 910 OF 2013
Natarajan Sundaresan Vs.
Shadi Natarajan
...Petitioner/Original Respondent
...Respondent/Orig.Petitioner
Mr. Prasad Kulkarni i/b. Prasad Kulkarni & Associates for Petitioner
CORAM : MRS. ROSHAN DALVI, J. DATED : 14TH MARCH, 2013
JUDGMENT :
Rule. Made returnable forthwith in both the Petitions.
WP.2651/2013(92)
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granted and are refused. The petition is wholly frivolous. The petitioner's Advocate relied upon an order of this Court in an earlier writ petition of the petitioner bearing No.4034 of 2012 seeking police protection. That writ petition has also been withdrawn by the petitioner as material averments and documents were missing from that petition. That cannot come to the aid of the petitioner in this petition. The petitioner has shown the order of the Judicial Magistrate (First Class), Court No.5, Pune dated 16th July, 2012 restraining him from causing domestic violence and dragging the wife and daughter outside the house with a copy to the concerned police station. The petitioner states that he is suffering that order. That order only calls upon the petitioner not to be violent. The petitioner has not shown how he can suffer from nonviolence.
WP.2651/2013(92)
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application under DV Act in accordance with law.
(MRS. ROSHAN DALVI, J.)
2 issues framed by the court
Whether an order of Family Court passing direction for ex-parte proceedings can be challenged via Writ Petition.
Whether a complaint filed under the Protection of Women from Domestic Violence Act, 2005 can be quashed via Writ Petition.
Colour shows how this judgement treated each authority
Mangesh Sawant Vs. Minal Vijay Bhosale & Anr.Explained¶21
Mangesh Sawant Vs. Minal Vijay Bhosale & Anr. 2012 CRI L J 1413 · Who else cites this
Natarajan Sundaresan
Shadi Natarajan
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
