T J Seshadri and Ors. vs Sandhya Seshadri and Anr. — Domestic Violence | Bombay HC (2026)

T J Seshadri and Ors. vs Sandhya Seshadri and Anr. — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Criminal Application No.231 of 2025 disposed of as withdrawn, with liberty to file an Appeal under Section 29 of the Protection of Women from the Domestic Violence Act, 2005 before the Sessions Court against the orders in CC No.176/DV/2016; if such Appeal is filed within four weeks, the Applicants are entitled to exclusion of time spent before this Court under Section 14 of the Limitation Act 1963.

Issue for consideration

Whether the Criminal Application before the High Court is maintainable, given that the Protection of Women from the Domestic Violence Act, 2005 is said to provide a specific statutory appellate remedy under Section 29 by way of an Appeal before the Sessions Court (objection raised by the learned APP; not adjudicated as the Application was withdrawn). +1 more

Ratio / Principle

Leave was granted to withdraw the present Application with liberty to file an Appeal under Section 29 of the Protection of Women from the Domestic Violence Act, 2005 against the orders passed in proceedings bearing CC No.176/DV/2016 before the Sessions Court.

Key takeaways

Since the Applicants were bonafidely pursuing the Application before this Court, if an Appeal is filed before the Sessions Court within four weeks, the Applicants will be entitled to the benefit of exclusion of time spent before this Court in terms of Section 14 of the Limitation Act 1963.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.), Criminal Application No.231 of 2025 — T. J. Seshadri and ors. v. Mrs. Sandhya Seshdri and anr. (decided 17 March 2026): The learned APP objected to the maintainability of the Criminal Application, contending that the Protection of Women from the Domestic Violence Act, 2005 is a complete code providing a statutory appellate remedy under Section 29 before the Sessions Court. Counsel for the Applicants, on instructions, sought leave to withdraw the Application with liberty to file such an Appeal against the Magistrate's orders in domestic violence proceedings bearing CC No.176/DV/2016. The State raised no objection. The Court granted leave to withdraw the Application with liberty to file an Appeal under Section 29 of the 2005 Act before the Sessions Court, and held that if the Appeal is filed within four weeks, the Applicants would get the benefit of exclusion of time spent before the High Court under Section 14 of the Limitation Act 1963. Application disposed of as withdrawn. No merits were adjudicated; the maintainability objection was left undecided.

Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2026.03.18 13:06:43 +0530

(32) APL-231.25.DOCX

lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.231 OF 2025

T. J. Seshadri and ors. : Applicants. Versus Mrs. Sandhya Seshdri and anr. : Respondents.

Ms. Vishranti Jain @ Navale for the Applicants. Ms. Pallavi N Dabholkar, APP for the Respondent/State.

CORAM : ASHWIN D. BHOBE, J.

DATED : 17 March 2026

PC:-

Ms. Pallavi Dabholkar, learned APP for the Respondent/State, submits that the Protection of Women from the Domestic Violence Act, 2005 is a code in itself and it provides for statutory appellate remedy in terms of Section 29 of the said Act. She, therefore, raises an objection to the maintainability of this Application as the Applicants have a specific remedy by way of an Appeal before the Sessions Court

Faced with the said objection, Ms. Vishranti Jain @ Navale, on instructions from the Applicants, craves leave to withdraw this Application with liberty to approach the Sessions Court by filing an Appeal under the Protection of Women from the Domestic Violence Act, 2005 challenging the

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(32) APL-231.25.DOCX

orders passed by the Magistrate in domestic violence proceedings bearing CC No.176/DV/2016. She states that the Appeal will be filed within a period of four weeks from today. She submits that the Applicants were bonafidely pursuing the present Application before this Court.

Ms. Pallavi Dabholkar does not object to the request made by Ms. Vishranti Jain @ Navale.

In view of the statement made by Ms. Vishranti Jain @ Navale, learned Advocate for the Applicants, leave granted to withdraw the present Application with liberty to file Appeal under Section 29 of the Protection of Women from the Domestic Violence Act, 2005 against the orders passed in the proceedings bearing CC No.176/DV/2016 before the Sessions Court.

Considering the statement made by Ms. Vishranti Jain @ Navale, learned Advocate that the Applicants were bonafidely pursuing the present Application, if an Appeal is filed before the Sessions Court within a period of four weeks from today, then, the Applicant will be entitled to the benefit of exclusion of time spent by the Applicants before this Court in this Application in terms of Section 14 of the Limitation Act 1963.

Criminal Application No.231 of 2025 is disposed of as withdrawn.

(ASHWIN D. BHOBE, J.)

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