Appeal No.159 of 2008, claiming that she had a right to stay in her matrimonial house.
Aggrieved by the orders passed by the learned Sessions Judge, the Respondent No.1 filed Criminal Application No.3034 of 2008 in the High Court under Section 482 Cr.
Application No.203 of 2007 filed by the Appellant herein and to decide the same within a period of six months.
Application No.203 of 2007, on 16th July, 2007, against all the Respondents under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, hereinafter referred to as the Domestic Violence Act, 2005.
A further direction was given companyfirming the order relating to deletion of the names of the other members.
It is her specific case that on 16th June, 2007, she was mercilessly beaten by the Respondent No.1, which incident was reported to the police and a case under Section 498 A I.P.C. came to be registered against him.
W.P. No.588 of 2009, inter alia, directing the Appellant to vacate her matrimonial house and companyfirming the order of the Sessions Judge deleting the names of the other Respondents from the proceedings.
Appeal No.115 of 2007 before the learned Sessions Judge, Amravati, who by his order dated 2nd May, 2008, dismissed the said appeal.
In the meanwhile, the Respondent No.2 filed an application in Misc.
After her marriage, the Appellant began to reside with the Respondent No.1 at Khorej Colony, Amravati, where her widowed mother in law and sister in law, the Respondent Nos.2 and 3 respectively, were residing.
The learned Single Judge of the High Court disposed of the writ petition by his judgment and order dated 5th March, 2010, with a direction to the Appellant to vacate her matrimonial house, which was in the name of the Respondent No.2, with a further direction to the Trial Court to expedite the hearing of the Misc.
The said Criminal Appeal No.159 of 2008 was allowed by the learned Sessions Judge vide his judgment dated 15th July, 2009.
According to the Appellant, the marriage began to turn sour after about one year of the marriage and she was even assaulted by her husband and by the other respondents.
The said application was dismissed by the High Court on 4th September, 2009.
The learned Sessions Judge allowed Criminal Appeal No.159 of 2008 and set aside the judgment and order dated 14th July, 2008 and also modified the order dated 16th August, 2007, to the extent of setting aside the injunction restraining the Respondents from dispossessing or evicting the Appellant from her matrimonial house at Khorej Colony, Amravati.
P.C. challenging the order dated 16th August, 2007 of the Judicial Magistrate, First Class, Amravati and the order dated 2nd May, 2008 of the Sessions Judge, Amravati.
The said application for modification was dismissed by the learned Magistrate on 14th July, 2008 holding that it was number maintainable.
In addition to the above, the Appellant appears to have filed a companyplaint, being Misc.
Thereupon, the Respondent Nos.2 and 3 filed Crl.
In Criminal Writ Petition No.588 of 2009, the Appellant herein challenged the judgment and order dated 15th July, 2009, passed by the learned Sessions Judge, Amravati, in Crl.
Appeal No.159 of 2008 on 11th August, 2008, under Section 29 of the Domestic Violence Act, 2005, questioning the orders passed by the learned Magistrate on 16th August, 2007 and 14th July, 2008, on the ground that being women they companyld number be made Respondents in the proceedings filed by the Appellant under the provisions of the Domestic Violence Act, 2005, and that the matrimonial house of the Appellant at Khorej Colony, Amravati, belonged exclusively to Ramabai, the Respondent No.2 and mother in law of the Appellant and did number, therefore, companye within the definition of shared house.
It further appears that the said order of the learned Magistrate dated 16th August, 2007, was challenged by Respondent No.1 in Crl.
ALTAMAS KABIR, J. Leave granted.
This Appeal is directed against the judgment and order dated 5th March, 2010, passed by the Nagpur Bench of the Bombay High Court in Crl.
An application filed by the Appellant before the Judicial Magistrate, First Class, Amravati, under Section 23 of the above Act was allowed by the learned Magistrate, who by his order dated 16th August, 2007, directed the Respondent No.1 husband to pay interim maintenance to the Appellant at the rate of 1,500/ per month from the date of the application till the final disposal of the main application and also restrained all the Respondents from dispossessing the Appellant from her matrimonial home at Khorej Colony, Amravati, till the final disposal of the main application.
Application No.203 of 2007 in the Court of the Judicial Magistrate, First Class, Amravati, praying for modification of its order dated 16th August, 2007 and a direction to the Appellant to leave the house of Respondent No.2.
The Appellant herein was married to the Respondent No.1 on 20th January, 2005, and the marriage was registered under the provisions of the Special Marriage Act, 1954.
