Title : Nitin Vikas Karake v Mrs.Chetana Nitin Karake
Citation: Criminal Revision Application No.355 Of 2023
Decided On: 28th November, 2023.
Coram: Justice Rajesh S. Patil
Introduction:
This Criminal Revision Application filed under Section 397 of the Code of Criminal Procedure, challenges the impugned judgment and order dated 26 September 2023 passed by the Sessions Court, Satara in PWDV Criminal Appeal No.5 of 2023 and order dated 1 February 2023.
Facts:
The Applicant husband and Respondent wife got married on 18 December 2014 at Satara. Respondent wife was earlier married, but since her first husband died, at the time of time of her second marriage, with the Applicant, she was a widow. There are no issues out of the present marriage. As there were disputes and differences between the husband and wife ; wife filed Criminal Miscellaneous Application No.481 of 2022 under the provisions of the Domestic Violence Act, 2005 (for short “D.V. Act”) under Sections 12, 18, 19, 20, 22 and 23 before J.M.F.C., Satara. In the said Application, it was pleaded that she was residing in Pune for the purpose of studying computer education at Pune, and she used to time and again go to Satara. It is further stated that the brother of the wife one Mr.Akshay Arun Patil, is residing at Satara, along with parents and he is taking care of monetary aspect as to education, medical expenses and day to day expenses of the Respondent / wife.
The husband appeared in the proceedings and thereafter filed an application on 29 November 2022, before J.M.F.C. seeking rejection of the complaint filed under D.V. Act on the ground of want of jurisdiction. J.M.F.C. heard the parties and by his judgment and order dated 1 February 2023, rejected the application of the husband. Being aggrieved by the order dated 1 February 2023, passed by J.M.F.C., Husband filed Criminal Appeal under Section 29 of the D.V. Act before the Sessions Court, Satara bearing PWDV Criminal Appeal No.5 of 2023.
The Sessions Court, consequently after hearing the parties in PWDV Criminal Appeal No.5 of 2023, dismissed the appeal by its judgment and order dated 26 September 2023. he present Criminal Revision Application is filed by the husband challenging both the judgment an order passed by J.M.F.C., Satara and Sessions Court.
Court’s Analysis and Judgement:
It is an admitted fact that before the marriage, Respondent wife was residing with her parents at Satara. After the marriage, the husband and wife stayed at Navi Mumbai and also at Pune in a leave and license premises. In the D.V. proceedings filed by the wife at J.M.F.C., Satara, the address of the wife is that of Satara. So also in paragraph 34, it has been stated that she has been taking education of computer at Pune and she has been, time and again going to Satara.
In the present proceedings, it is not the case of the wife that she was temporarily residing at Satara. In fact, her case is that her permanent address is at Satara, which is her parent’s residence. Before marriage she stayed at Satara, there is no permanent address of wife at Pune. Hence, at the most, her residence at Pune can be called as temporary place of residence, and her permanent place of residence would be at Satara. Even the husband has his native place of residence at Karad, which is 50 k.m. away from “Satara city”, even though the husb
Taking into consideration of the above facts, there is no perversity in the finding of J.M.F.C., Satara and Sessions Court, Satara. Hence, this Criminal Revision Application is dismissed.
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Written By : Sanjana Ravichandran
