VICKY MANOJ SHAH vs KANAL VICKY SHAH AND ANR.

Judgment text excerpt

910-WP-502-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.502 OF 2025 Vicky Manoj Shah …Petitioner Versus Kanal Vicky Shah & Anr. …Respondents Ms. Sana Raees Khan a/w. Ms. Neha Balani i/b. SRK Legal, for the Petitioner. Ms. Pooja Jalan a/w. Ms. Maya Donwalkar, for the Respondent No.1. Ms. Shilpa G. Talhar, APP, for the Respondent No.2-State. CORAM: MADHAV J. JAMDAR, J. DATED : 25th MARCH 2025 JUDGMENT: 1. Heard Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband, Ms. Pooja Jalan, learned Counsel appearing for the Respondent No.1-Wife and Ms. Shilpa Talhar, learned APP appearing for the Respondent No.2-State. 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 24 th October 2024 passed by the learned Principal Judge, Family Court, Mumbai below Exhibit-7 in Petition No. Criminal M.A.-23 of 2024. Page 1 of 13 Sonali 910-WP-502-2025.DOC By the impugned order, the present Petitioner-Husband and his family members are restrained from causing any act amounting to domestic violence towards the Respondent-Wife and minor daughter and the present Petitioner-Husband has been directed to shift to alternate accommodation till disposal of the main application. The said order is passed under the provisions of Section 18 and Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (“the D.V. Act”). 3. It is the main contention of Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband that the marriage between the parties was solemnized on 25 th January 2003. The flat in question has been purchased by registered Sale Deed dated 29 th April 2003 and since then the Petitioner-Husband is staying along with the Re