The Supreme Court has refused to quash the domestic violence proceedings initiated by the divorced wife of Mumbai Police Commissioner Hemant Nagrale [Hemant Nagrale vs Pratima Nagrale]..The Court, however, ordered that the proceedings be transferred from Pune court where they are currently pending, to the Bombay High Court, which is also dealing with an appeal against the divorce decree granted by a lower court.A Bench of Justices UU Lalit and S Ravindra Bhat was dealing with an appeal by Nagrale against a Bombay High Court order which had dismissed an application under Section 482 of the Criminal Procedure Code (CrPC) by the officer, seeking to quash the domestic violence proceedings initiated by Pratima Nagrale. .The Supreme Court stated that it sees no reason to interfere since the High Court is seized of the first appeal filed against the divorce decree, and that all issues under the Domestic Violence Act raised by the wife will now be looked into by the High Court in the same appeal. "Insofar as the other matter questioning the rejection of the petition seeking quashing of the application moved by the respondent-wife under the provisions of the Domestic Violence Act, 2005 is concerned, we see no reason to interfere in the matter," the Court said..The Court then proceeded to transfer the Domestic Violence proceedings from Pune to the Bombay High Court. "Application preferred under the D.V. Act shall stand transferred to the High Court for appropriate determination and disposal. The concerned Court at Pune shall transmit all the relevant record and papers to the High Court within two weeks of the receipt of the copy of this order," the apex court ordered. .The Bombay High Court was further requested to dispose of the appeal against the divorce decree and the domestic violence allegations within six months..The Nagrale couple had dissolved their marriage in 2011 through an order of the Family Court and directed Nagrale to pay ₹20,000 each month as maintenance.Subsequently, the wife had moved Pune court seeking appropriate protection order be issued under the provisions of the Domestic Violence Act, 2005 which has now been transferred to the High Court by the apex court.The wife had also filed a separate complaint against Hemant Nagrale, two doctors and two nurses before Additional Chief Metropolita, Fort, Mumbai alleging commission of offences punishable under Sections 498A, 323, 328, 341, 307, 504, 506(2) [subjecting to cruelty, hurt, poisoning, wrongful restraint, attempt to murder, insult, criminal intimidation] read with 34 and 120-B of the Indian Penal Code.The husband had challenged that too before the Bombay High Court which had dismissed the same. Hearing in the appeal against the same has been expedited by the Supreme Court.Recently, the Bombay High Court had ordered Nagrale to clear all maintenance arrears due to his wife on or before December 6, 2021.The directions were given on an application by the wife who sought an enhancement of the maintenance amount and a change in accommodation into a good locality, either in Nagpur or Pune..[Read Order]
The Supreme Court has refused to quash the domestic violence proceedings initiated by the divorced wife of Mumbai Police Commissioner Hemant Nagrale [Hemant Nagrale vs Pratima Nagrale]..The Court, however, ordered that the proceedings be transferred from Pune court where they are currently pending, to the Bombay High Court, which is also dealing with an appeal against the divorce decree granted by a lower court.A Bench of Justices UU Lalit and S Ravindra Bhat was dealing with an appeal by Nagrale against a Bombay High Court order which had dismissed an application under Section 482 of the Criminal Procedure Code (CrPC) by the officer, seeking to quash the domestic violence proceedings initiated by Pratima Nagrale. .The Supreme Court stated that it sees no reason to interfere since the High Court is seized of the first appeal filed against the divorce decree, and that all issues under the Domestic Violence Act raised by the wife will now be looked into by the High Court in the same appeal. "Insofar as the other matter questioning the rejection of the petition seeking quashing of the application moved by the respondent-wife under the provisions of the Domestic Violence Act, 2005 is concerned, we see no reason to interfere in the matter," the Court said..The Court then proceeded to transfer the Domestic Violence proceedings from Pune to the Bombay High Court. "Application preferred under the D.V. Act shall stand transferred to the High Court for appropriate determination and disposal. The concerned Court at Pune shall transmit all the relevant record and papers to the High Court within two weeks of the receipt of the copy of this order," the apex court ordered. .The Bombay High Court was further requested to dispose of the appeal against the divorce decree and the domestic violence allegations within six months..The Nagrale couple had dissolved their marriage in 2011 through an order of the Family Court and directed Nagrale to pay ₹20,000 each month as maintenance.Subsequently, the wife had moved Pune court seeking appropriate protection order be issued under the provisions of the Domestic Violence Act, 2005 which has now been transferred to the High Court by the apex court.The wife had also filed a separate complaint against Hemant Nagrale, two doctors and two nurses before Additional Chief Metropolita, Fort, Mumbai alleging commission of offences punishable under Sections 498A, 323, 328, 341, 307, 504, 506(2) [subjecting to cruelty, hurt, poisoning, wrongful restraint, attempt to murder, insult, criminal intimidation] read with 34 and 120-B of the Indian Penal Code.The husband had challenged that too before the Bombay High Court which had dismissed the same. Hearing in the appeal against the same has been expedited by the Supreme Court.Recently, the Bombay High Court had ordered Nagrale to clear all maintenance arrears due to his wife on or before December 6, 2021.The directions were given on an application by the wife who sought an enhancement of the maintenance amount and a change in accommodation into a good locality, either in Nagpur or Pune..[Read Order]
