Ambika Bhardwaj
Published On: December 18, 2021 at 20:21 IST
The Supreme Court Ordered the Bombay High Court to review dismissing the Domestic Violence Act proceedings in Case against Hemant Namddeorao Nagrale, Commissioner of Mumbai, within six months.
In the current Case, the Bench of Justices UU Lalit and S Ravindra Bhat was taking into consideration a Special Leave Petition challenging the Bombay High Court’s Order declining to reject the proceedings actuated by his wife under the Protection of Women from Domestic Violence (DV) Act.
Nagrale further challenged the Bombay High Court’s Order refusing to reject the Criminal proceedings brought by his wife under 498A, 323, 328, 341, 307, 504, 506(2) r/w Section 34 and 120-B of the Indian Penal Code, 1860.The Supreme Court also Ordered the involved Court in Pune to send all related records and papers to the High Court in less than two weeks of receiving a copy of this Order.
Hemant Namdeorao Nagrale, Commissioner of Mumbai, filed a Petition before the Family Court, Mumbai, at Bandra, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, asking for Divorce on the basis of cruelty, which the Family Court granted on February 25, 2011.
In response to the Divorce Order, Nagrale’s wife filed a private complaint in the Court of Additional Chief Metropolitan Magistrate against Nagrale, two doctors, and two nurses. Nagrale’s wife lodged a Criminal Miscellaneous Application in Pune on September 20, 2013, asking for the issuance of an appropriate Safety Order against Nagrale under the clauses of the Domestic Violence Act, 2005 (‘DV Act’), forbidding him from doing any act of Domestic Violence.
She had also asked for a appropriate Order authorizing her to enjoy the divided household, Maintenance in the amount of Rs.2,50,000/-, Damages in the amount of Rs.50,000/-, and a sum of Rs.25,000/- for Litigation expenses.
Senior Advocate Siddhartha Dave represented Hemant Namdeorao Nagrale whereas Senior Advocate Vinay Navarerepresented Nagrale’s wife. Concerning the proceedings challenging the rejection of an Application lodged in the Court of Additional Chief Metropolitan Magistrate, Mumbai, under Section 482 of the Code seeking declining of Criminal Proceedings, the Supreme Court granted the Special Leave Petition. It also Ordered that the interim relief should be extended.