JUDGEMENT
KISHORE C.SANT, J. -
(1.)By way of these petitions, these petitioners have challenged same order passed by the learned Judicial Magistrate, First Class, Akole directing issue of process in Criminal Inquiry Application No. 168/2019 filed under the provision of the Protection of Women From Domestic Violence Act. Petitioner No.1 in Cri. W. P. NO. 647/2022 is husband of respondent. Petitioner No.2 is father-in-law. Petitioner No.3 is mother-in-law. Petitioner in writ petition No.1154/2021 is brother-in-law of respondent No.1-wife who has filed inquiry application. (the parties hereinafter referred to as per their designation in Cri. Writ Petition No.647/2022)
(2.)Respondent-wife of petitioner No.1 filed inquiry application praying for various reliefs under Ss. 12, 18, 19, 20, 21 and 22 under the Domestic Violence Act, 2005. It is alleged that respondent and petitioner No.1 got married on 13/11/2016. After few months of the marriage she found that husband was frequently going to Nashik. On enqury it was shockingly revealed that the petitioner No.1 was already married and some disputes are going on in the court at Nashik against his first wife. In one of the cases even there is an order to pay Rs.12,000.00 per month to the earlier wife of petitioner No.1. On asking about this, he accepted his guilt. However, later on he started harassing and beating her. Further allegations so far as other petitioners are concerned is that they are encouraging or instigating the husband. When she was pregnant, the husband asked her to terminate the foetus on the pretext that new child will bring bad luck to the family. He did not even give proper medical treatment to her for skin disease to her. On 5/1/2019 husband picked up a quarrel with wife assaulted her and drove her out of house. With the help of some others she tried to go to the house at Solapur to join the company of the husband however he did not allow her enen to enter the house. Now so far as the income is concerned it is stated that husband is in service as Counselor in Women and Child Development Department, Solapur and his salary is Rs.45,000.00 per month. It is alleged that now wife has apprehension from all the petitioners. Presently she is staying alone by taking a room on rent. The husband has not made any provision and rent amount is also not paid to her by the petitioners. She thus, prayed for medical expenses, and other expenses Rs.7000.00 per month. Rs.3000.00 per month for taking education. On all the counts, she prayed for total Rs.10,000.00 per month in addition she also claimed amount of Rs.2500.00 towards rent. Towards compensation for mental and physical harassment she prayed for compensation of Rs.5.00 Lakhs. This application was filed on 21/5/2019. Alongwith main application she also filed an application for interim relief. On filing this application the learned Judicial Magistrate First Class was pleased to issue notice by order dtd. 21/5/2019.
(3.)The petitioners appeared and filed their say on 17/10/2019 denying all the allegations. It is contended that wife has no locus-standi. There is no cause of action to file proceeding. All the documents annexed to the application and even the marriage certificate are denied. It is the say of the petitioners that the respondent wife is already married to one Manoj Rupwate residing at Akole. Though there is no divorce obtained from said Manoj, she thereafter started residing with some other person. From that relationship there is one child born to her. There is no relationship between the petitioners and respondent-wife. They have never resided together. It is contended that respondent-wife belongs to Buddhist community whereas this petitioner belongs to Hindu Mahar community. Petitioner No.1 has never converted to the Buddhism. Thus, there is no question of marriage between respondent-wife and petitioner No.1. Further all the documents such as marriage invitation card, certificate of marriage etc are denied. It is contended that the marriage certificate purportedly issued by Buddhist Society of India, Mumbai is also false and fabricated. The petitioner got knowledge about said documents for the first time. It is further contended that petitioner No.1 is already married to one Prajakta Hire. However, because of some family dispute there are disputes going on in the court at Nashik wherein he is paying an amount of Rs.12,000.00 per month towards maintenance. There are no averments that the petitioners and respondent-wife have ever stayed together etc. The petitioners also filed an application for interim relief. The petitioners even filed an application for sending the alleged documents such as marriage certificate, birth certificate of child etc for verification. It is submitted that original documents are not filed on record and application came to be filed seeking direction to take suitable action against respondent-wife. Thus, the case of the petitioners is that there is no relationship between respondent-wife and petitioners. The entire proceeding is taken out under false pretext that there is a marriage and domestic relationship. The petitioners have thus filed these petitions.
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