2014 INSC 0790
03/11/2015  JUVERIA ABDUL MAJID PATNI Vs. ATIF IQBAL MANSOORI

JUVERIA ABDUL MAJID PATNI Vs. ATIF IQBAL MANSOORI
(http://www.thelaws.com)

                  LAWS(SC)20149100
                Supreme Court Of India
            Decided on September 18,2014

JUVERIA ABDUL MAJID PATNI  VERSUS                                        Appellant
ATIF IQBAL MANSOORI                                                  Respondents

JUDGEMENT

Sudhansu Jyoti Mukhopadhaya, J.  ( 1. ) LEAVE granted.
( 2. ) THIS appeal has been preferred by the Appellant against the judgment dated 23
January, 2013 passed by the High Court of Judicature at Bombay in Writ Petition No. 4250
of 2012. By the impugned judgment, the High Court dismissed the writ petition preferred
by the Appellant and upheld the order dated 3 November, 2012 passed by the Additional
Sessions Judge, Sewree, Mumbai whereby the Sessions Judge held that the application filed
by the Appellant under the Protection of Women from Domestic Violence Act, 2005
(hereinafter referred to as the "Domestic Violence Act, 2005") is not maintainable. The case
of the Appellant is that she got married to 1st Respondent according to Muslim rites and
rituals on 13th May 2005. 1st Respondent was in the habit of harassing her. She was
subjected to physical abuse and cruelty. For example, 1st Respondent acted with cruelty,
harassed her and had banged her against a wall on her back and stomach on 5th January,
2006, due to which she suffered severe low back pain. The 1st Respondent refused her
entry into the matrimonial house on 19th February, 2006 and asked her to stay with her
parents. She delivered a baby boy at Breach Candy Hospital, Mumbai on 10th August, 2006
but the 1st Respondent never visited to see the new born baby. Later, the 1st Respondent
filed a petition seeking custody of the minor child.
( 3. ) THE Appellant lodged FIR No. 224 of 2007 on 6th September, 2007 before Agripada
Police Station Under Section 498A, and 406 Indian Penal Code against the 1st Respondent,
his mother and his sister. Against the same, a writ petition was filed by the 1st Respondent
bearing Writ Petition No. 1961 of 2007 seeking quashing of the FIR. The High Court
dismissed the said writ petition and the same was challenged by the 1st Respondent on
which this Court issued notice. Subsequently, this Court by order dated July, 2008 remitted
the matter to the High Court for hearing afresh Writ Petition No. 1961 of 2007. On 4th
December, 2008, Writ Petition No. 1961 of 2007 was partly allowed by the High Court
quashing the FIR against the 1st Respondent's mother and sister with the observation that
the prima facie case Under Section 498A was made out against the 1st Respondent. 

http://www.thelaws.com/Encyclopedia/Browse/Case?CaseId=004102278000                           1/2
03/11/2015  JUVERIA ABDUL MAJID PATNI Vs. ATIF IQBAL MANSOORI

Click here to view full judgement. (/)
                                       Copyright © Regent Computronics Pvt.Ltd.

http://www.thelaws.com/Encyclopedia/Browse/Case?CaseId=004102278000              2/2