Vadivammal Alias Vadiamma Indran v. The State Of Maharashtra And ANR.

Bhagyawant 15 WP 75-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 75 OF 2019 Vadivammal @ Vadiamma Indran

...Petitioner

Versus

State of Maharashtra & Anr.

...Respondents

Ms. Roseline Nadar for petitioner.

Mrs. Rutuja Ambekar, APP for Respondent/State. CORAM :

S. S. SHINDE, J DATE :

11th July 2019.

P.C.

1.

There is report of the Registry that Respondent No. 2 is served. It appears from the pleadings and grounds taken in the petition that, petitioner is not in a position to deposit Rs. 5,000/- towards cost imposed by Trial Court as condition precedent to accept the reply of the petitioner in pending proceedings before the Trial Court. In fact the petitioner has instituted proceedings under Domestic Violence Act, seeking directions to her son and Respondent No. 2, who is daughter-in-law of the petitioner, for making provisions for her for maintenance. In that view of the matter ends of justice would be met in case Trial Court is directed to accept the reply of the petitioner without insisting for depositing Rs. 5,000/-. 2.

The order of the Trial Court to the extent of directing the petitioner to deposit cost of Rs. 5,000/- as condition precedent for accepting

Bhagyawant 15 WP 75-19.doc reply stands quashed and set aside. The petitioner is free to file reply. In case such reply is filed by the petitioner, the concerned Court to accept the same. 3.

With the above observations, writ petition stands disposed of. [S. S. SHINDE , J]