The applicant challenged a notice under the Protection of Women from Domestic Violence Act. The High Court held the application premature, directing the applicant to file a reply before the Magistrate first.
Application dismissed summarily with contentions kept open before the Magistrate.
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1711apl640.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 640 OF 2014
(Mr. Vishal s/o Fulchand Kitke & Ors. vs. Mrs. Ashwini W/o Vishal Kitke)
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders
CORAM : M.L. TAHALIYANI, J. NOVEMBER 17, 2014.
Heard Shri Mourya, learned counsel for the
applicants.
The application is premature inasmuch as the applicants have moved this Court against the notice issued by the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
In my opinion, the applicants shall file the reply before the Magistrate and if the submissions made by the applicants are not accepted and the Magistrate decides to proceed further, then the applicants may have some cause of action to move this Court under Section 482 of Code of Criminal Procedure.
The application is, therefore, dismissed summarily. All contentions and issues are kept open for the parties to be agitated before the Magistrate.
JUDGE
*GS.
1 issue framed by the court
Whether the criminal application challenging the domestic violence notice is premature.
2 provisions across 2 enactments
Mr. Vishal s/o Fulchand Kitke & Ors.
Mrs. Ashwini W/o Vishal Kitke
M.L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
