Sunil Gangadharrao Kadam v. Jayashree Sunil Kadam

( 1 ) cria3304.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CRIMINAL APPLICATION NO.3304 OF 2022 SUNIL GANGADHARRAO KADAM

VERSUS

JAYASHREE SUNIL KADAM Mr.V.V. Bhavthankar, Advocate for the applicant. Mr.S.C. Bhosale, Advocate for sole respondent.

CORAM

:

KISHORE C. SANT, J.

DATED :

09.03.2023 PC :- 01.

Heard learned Advocate for the parties. The applicant husband had raised objection to the jurisdiction of the Court, wherein the respondentwife had filed execution proceeding under the provisions of Protection of Women from Domestic Violence Act, bearing Cri. Misc. Application No. 14 of 2018 in the Court of learned JMFC, Bhokar. The learned JMFC, Bhokar by considering section 27(2) of the DV Act, rejected the application observing that the order passed under the DV Act can be enforced anywhere and there is no question of jurisdiction. The applicant-husband therefore filed appeal in the Court of learned Sessions Judge, Bhokar, Dist. Nanded. The learned Additional Sessions Judge by judgment and order dated 20.07.2022 was pleased to dismiss the appeal. The Appellate Court while dismissing the appeal also considered the provisions of section 27 of the DV Act giving jurisdiction in the cases of execution under the DV Act. This Court finds that both the Courts below have rightly considered the section 27 of the DV Act.

( 2 ) cria3304.22 02.

In the facts of the case, this Court finds that no ground is made out to interfere in the application. The application is, therefore, dismissed. [KISHORE C. SANT, J.] snk/2023/MAR23/cria3304.22