Domestic violence-order of no violence can not affect husband

 The petitioner has shown the order of the Judicial Magistrate (First Class), Court No.5, Pune dated 16th July, 2012 restraining him from causing 

domestic violence and dragging the wife and daughter outside 

the house with a copy to the concerned police station. The petitioner states that he is suffering that order. That order only 

calls upon the petitioner not to be violent. The petitioner has not shown how he can suffer from nonviolence. 

4. This Writ Petition No. 2651 of 2013 is wholly frivolous and ba

is, therefore, dismissed.

Bombay High Court

C vs Shadi Natarajan on 14 March, 2013

Bench: R. S. Dalvi

1. The petitioner has challenged the order of Family Court, ba
Pune dated 11th January, 2013 in Writ Petition No. 2651 of 2013 passing directions that since the petitioner (who was the om
respondent in that petition) was served and has knowledge of the petition, but has remained continuously absent, the petition is adjourned to proceed ex-parte. B

2. There is nothing erroneous about the order. The petitioner has also prayed for quashing the family court proceeding being Petition No.A 1202 of 2012 filed by the respondent wife.
3. The family court proceeding cannot be quashed. Both the reliefs under prayers (a) and (b) of the petition cannot be ::: Downloaded on - 13/05/2013 21:55:50 ::: 2 WP.2651/2013(92) granted and are refused. The petition is wholly frivolous. The petitioner's Advocate relied upon an order of this Court in an rt
earlier writ petition of the petitioner bearing No.4034 of 2012 seeking police protection. That writ petition has also been ou
withdrawn by the petitioner as material averments and documents were missing from that petition. That cannot come C
to the aid of the petitioner in this petition. The petitioner has shown the order of the Judicial Magistrate (First Class), Court No.5, Pune dated 16th July, 2012 restraining him from causing h
domestic violence and dragging the wife and daughter outside ig
the house with a copy to the concerned police station. The petitioner states that he is suffering that order. That order only H
calls upon the petitioner not to be violent. The petitioner has not shown how he can suffer from nonviolence. y

4. This Writ Petition No. 2651 of 2013 is wholly frivolous and ba
is, therefore, dismissed.
om

5. The petitioner has also prayed for quashing the complaint under the Protection of Women from Domestic Violence Act, 2005 (DV Act)in Writ Petition No. 901 of 2013. It has been held by this Court in the case of Mangesh Sawant Vs. Minal Vijay B
Bhosale & Anr. 2012 CRI L J 1413 that a complaint under the DV Act is not strictly a criminal proceeding and consequently cannot be quashed. The petitioner shall appear before the learned Judicial Magistrate First Class, Court No.5, Pune to defend that proceeding if he so deems fit. The learned Judicial Magistrate First Class, 5th Court, Pune shall proceed with the ::: Downloaded on - 13/05/2013 21:55:50 ::: 3 WP.2651/2013(92) application under DV Act in accordance with law. rt
6. It is seen that the petitioner has filed wholly frivolous proceedings. Both the proceedings have been dismissed without ou
the need for issue of notice to the respondent. C
7. The Registrar, Judicial of this Court shall send the copy of this order to the learned Judge, Family Court taking Petition No. A 1201 of 2012 as also to the learned Judicial Magistrate First h
Class, 5th Court, Pune.
ig
(MRS. ROSHAN DALVI, J.)

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