Writ Petition No. 302 of 2011 · Bombay High Court

Heard Mr.M.B.Naidu, learned counsel for the applicant-respondent and Ms.T.H. Udeshi learned counsel for non-applicant-petitioner. Writ Petition No. 302 of 2011, filed against the order of learned Additional Sessions Judge in the matter of domestic violence, has been dismissed by this Court vide judgment dated 30th June, 2012. The learned Additional Sessions Judge, while allowing the appeal of respondent Smt. Priti against the order of Judicial Magistrate First Class rejecting her application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, passed the following order. : “(1) The appeal is hereby allowed. (2) The order of learned trial Magistrate rejecting the application u/s. 12 of Protection of Women from Domestic Violence Act, 2005 moved by appellant, is hereby set aside. 2 appw38.12.odt (3) Respondent is directed to provide separate residence with the facilities of electricity, water, bathroom and latrine to the appellant at his own cost, as per Section 19 of D.V. Act.

(4) Respondent is further directed not to beat or harass the appellant in any manner, as per Section 18 of D.V. Act. (5) Respondent shall pay maintenance to the appellant at the rate of Rs.1500/- per month from the date of her application as per Section 20 of D.V. Act. (6) Respondent shall pay compensation of Rs.50,000/- or the appellant as per Section 22 of D.V. Act. (7) The above order be enforced through Protection Officer and concerned Police Station. (8) Claim of appellant for return of Rs.50,000/-, is rejected. (9) Copy of this order be given to the parties, Protection Officer and concerned Police Station.” As already stated, the petition filed by husband i.e. petitioner Mr.Arjun against the said order of the Additional Sessions Judge has been dismissed. During pendency of the petition the petitioner had deposited Rs.25,000/- in this Court pursuant to the order passed by this Court on 6th May, 2011.

The said amount is sought to be withdrawn by the respondent. The learned Advocate Ms. Udeshi, who appeared on behalf of the petitioner during pendency of Writ Petition No.302 of 2011, on instructions from the petitioner states that the petitioner has no objection for withdrawal of the amount by the respondent (present applicant). 3 appw38.12.odt In view of the fact that the main petition is dismissed and that Rs.twenty five thousand are part of the damages awarded by the appellate Court, the applicant- respondent (Sau. Preeti Arjun Khade) is permitted to withdraw the said amount of Rs.25,000/- (Rs.twenty five thousand only) from the Registrar of this Court. The application stands disposed of accordingly. JUDGE RRaut..