Shrirang S/O Amrata Dhawase And ORS v. Saraswatibai W/O Shrirang Dhawase And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.50 OF 2015 Shrirang s/o Amrata Dhawase, Age: 53 years, Occ: Service, R/o. Sidheshwar Camp, Tq. Aundha Nagnath, District Hingoli & ors ..APPLICANTS

VERSUS

Saraswatibai w/o Shrirang Dhawase, Age: 43 years, Occ: Household, R/o. Wai, Tq. Parner, Dist. Parbhari & anr ..RESPONDENTS Mr R.M. Sharma, Advocate for applicants;

Mr N.B. Jadhav, Advocate for respondent No. 1 Mr R.V. Dhasalkar, A.P.P. for respondent No. 2 CORAM : N.W. SAMBRE, J.

DATE : 23rd August, 2016 ORDER :

Learned Counsel for the respondent i.e.

complainant in M.C.A. No. 260 of 2011 makes a statement, upon instructions, that the complaint under the Protection of Women from Domestic Violence Act, pending on the file of Judicial Magistrate, First Class, Nanded (Court No.6) be

(2) dismissed against respondent Nos. 6 to 11 therein as respondent Nos. 12 and 13 are already discharged. The statement is accepted. M.C.A. No. 260 of 2011 pending on the file of learned Judicial Magistrate, First Class, Nanded (Court No.6) is dismissed against respondent Nos. 6 to 11.

2.

It is brought to my notice that the same is already dismissed against respondent Nos. 12 and 13 vide order dated 9th July, 2014.

3.

So far as the order impugned is concerned, the proposition of law as laid down by the Supreme Court that the proceedings initiated against a female, particularly in relation to the matrimonial proceedings, are to be conducted as per convenience of the lady, is not in dispute. In view thereof, present application, in my opinion, would not survive. Same is dismissed.

4.

With the above observations, the copy of this order be forwarded forthwith to learned

(3) Judicial Magistrate, First Class, Nanded (Court No.6), who shall take appropriate note pursuant to the above observations.

(N.W. SAMBRE, J.) Tupe