The court granted interim stay on the PWDVA proceedings filed by the wife due to the husband's severe locomotor disability and the need to care for a young child, pending further consideration of his application.
Interim stay granted on PWDVA Application No.3 of 2024 pending decision of the Criminal Application.
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.
4.Appln.359.24.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 359 OF 2024
Nagesh Dattaram Bhuvad .. Applicant Versus Nayana Nagesh Bhuvad and Anr. .. Respondents
Versus
Nayana Nagesh Bhuvad and Anr.
CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 04, 2024.
P.C.:
1. Heard Mr. Patil, learned Advocate for Applicant and Ms.
Tidke, learned APP for Respondent No.2 – State.
2. Mr. Patil, learned appointed Advocate is representing and espousing the cause of the Applicant – husband. With his able assistance, I have perused the Criminal Application.
3. From the record it is seen that Applicant is having 40% locomotor disability in his whole body spine thereby severely restricting his mobility. Disability certificate is appended at Exhibit “B” – page No.33 of the Application. Proceedings are filed by private Respondent No.1 – wife before the Court of Civil Judge Junior Division and Judicial Magistrate First Class (JMFC) at Lakhandur, District Bhandara. It is physically impossible for Applicant – husband to attend the proceedings there.
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4.Appln.359.24.doc
4. It is seen that private Respondent No.1 – wife is also required to provide care and support for her 3 year old child, who is staying with her. Equally, physical disability of the Applicant is also required to be considered.
5. The provisions of Section 407 of the Code of Criminal Procedure, 1973 require the Court to consider the convenience of the parties to the proceedings.
6. In view of the above, issue notice to Respondent – wife. Humdast permitted.
7. In addition to Court notice, Applicant is permitted to serve a copy of the Criminal Application and this order on Respondent No.1 and inform her about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.
8. Ms. Tidke, learned APP waives service on behalf of Respondent No.2 – State.
9. On the next adjourned date, if Respondent No.1 does not remain present despite having been served, this Court shall consider the Application and pass appropriate orders.
10. In the meanwhile, pending proceedings PWDVA Application No.3 of 2024 filed by Respondent No.1 before the Civil Judge Junior
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4.Appln.359.24.doc
Division and Judicial Magistrate First Class (JMFC) at Lakhandur, District Bhandara Court are directed to be stayed until the present Application is decided.
11. List the Criminal Application ‘First on Board’ on the next adjourned date in view of the exigency mentioned by the learned Advocate for Applicant.
12. Stand over to 18th December 2024 .
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2024.12.05 10:17:20 +0530
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1 issue framed by the court
Can the trial of the PWDVA application be stayed due to the physical disability and mobility constraints of the applicant?
1 provisions across 1 enactments
Nagesh Dattaram Bhuvad
Nayana Nagesh Bhuvad
State
Milind N. Jadhav
As recorded by the court registry
11 orders share this CNR
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