Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No. MHMM18-011440-2022 C. C. NO. 190/DV/2022
Pramila V/s. Kanti and Ors.
ORDER BELOW EXH.-1
The applicant Pramila Tulsi Solanki has filed the present
application for various reliefs under the Protection of Domestic Violence
Act against the respondents. The respondent No.1 Kanti is brother of
applicant and No. 2 is wife of respondent No.1. The applicant in present
application by filing application (Exh.-4) sought relief of protection order
and relief of residence order in respect of the room premises situated at
128, Mangel Wadi, Juhu Tara Road, opposite Gujrathi Bal Mandir,
Santacruz (W), Mumbai.
2. Likewise, the respondents in present matter has filed the
proceeding under section 12 of the Domestic Violence Act against the
present applicant and claimed interim relief in respect of same premises
against the respondent in that case. The respondent in that case also
sought prohibitory relief against the present applicant that she shall be
restrained from entering into the said premises.
3. I have gone through the pleadings of the both parties. In
present case at hand, applicant contended that, her father has gifted the
said premises by executing the Gift Deed. However, the respondents
harassed her for transferring the said premises in their them and evicted
her from the home. The respondents in their petition No.49/DV/2023
contended that, the applicant left the home and married. Even father of
applicant has filed the affidavit in support of contention of the
respondents. But the applicant has denied that, she married with anybody,
as alleged. As both the parties have sought same relief against each other
in respect of the premises Room No. 128, Mangle Wadi, Santacruz (W),
Mumbai.
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C. C. NO.190/DV/2022 ~2~ ORDER BELOW EXH-1
4. It is to be noted that, the said premises is also shared
household of the respondent Sharda and she also has sought relief against
the applicant that, she shall not enter into her shared household. Likewise,
the applicant in the present case sought relief that, the respondent shall
not restrain her from entering into same house. Therefore, in order to
avoid the conflict decision of this Court in respect of same premises, in
order to determine the real controversy between the parties, on the point
of factual matrix the report of protection officer is necessary. Under clause
1 of section 12 of the Domestic Violence Act there is a provision that court
can consider the domestic incident report for decide the matter. In present
case at hand both parties sought same relief against each other in respect
of same property. Therefore, Considering the factual matrix putforth by
both parties I am of opinion that, the report of Protection Officer is
necessary. Therefore, I proceed to pass following order.
ORDER
1 The report of Protection Officer be called.
2 The Protection Officer shall go through the the rival
pleadings of the parties in both proceeding and shall file
his domestic incident report.
3 The Protection Officer shall submit his report within three
weeks from the receipt of this order.
4 The applicant and the respondents shall supply copies of
their pleadings in present proceeding and the proceeding
C. C. No. 49/DV/2023 in order to forward the same to
the Protection Officer.
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C. C. NO.190/DV/2022 ~3~ ORDER BELOW EXH-1
5 Copy of this order be kept in C.C. No.49/DV/2023
6 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 24/01/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 24/01/2025.
Transcribed on :- 24/01/2025.
Checked on :- 24/01/2025.
Signed on :- 24/01/2025.
SRD
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