w w w . L a w y e r S e r v i c e s . i n



Reshma Begum v/s The State of Maharashtra & Another


Company & Directors' Information:- MAHARASHTRA CORPORATION LIMITED [Active] CIN = L71100MH1982PLC028750

Company & Directors' Information:- RESHMA INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074391

    Criminal Revision Application No. 82 of 2017

    Decided On, 25 July 2018

    At, In the High Court of Bombay at Aurangabad

    By, THE HONOURABLE MR. JUSTICE MANGESH S. PATIL

    For the Applicant: N.R. Shaikh, Advocate. For the Respondents: R1, A.R. Kale, A.P.P., R2, H.I. Pathan, Advocate.



Judgment Text

1. Rule. Rule is made returnable forthwith. By consent, the matter is heard finally.

2. Very short issue that arises for determination in this Revision is as to the interpretation of provision of Section 2 [f] of the Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as 'the D.V. Act']. The factual matrix leading to revision can be put in a short compass.

3. The applicant who belongs to Jain Hindu community was married to one Shantaram Mahadu Ughade and the couple begotten a child out of the wedlock. It was averred that, that marriage was brought to an end by virtue of a customary divorce on 15.10.2011. It is averred that she thereafter came in contact with the respondent No.2 who is a Muslim by religion. The acquaintance blossomed into an affair. He was already married and was having children. She got converted to Islam and the couple entered into a marital tie in presence of a Kazi on 21.07.2012. The couple also got a child out of such relation on 29.04.2013. However, a dispute arose and the couple separated. She filed a proceeding under Section 12 of the D.V. Act against him in the Court of Judicial Magistrate First Class at Aurangabad bearing Criminal Misc. Application No.28 of 2013.

4. The respondent No.2 contested the proceeding primarily on the ground that the applicant was already married and so was he. The marriage between the two was not legally possible, since they were already having subsisting marital relation. He also denied even that she was staying with him in some kind of relation.

5. The learned Magistrate allowed the application holding that the relationship between the two was in the nature of marriage and was covered by Section 2 [f] of the D.V. Act and granted various reliefs.

6. Being aggrieved, the respondent No.2 preferred Appeal under Section 29 of the D.V. Act bearing Criminal appeal No. 156 of 2015. The learned Addl. Sessions Judge by the impugned Judgment and order dated 12.01.2017 relying upon Judgment of the Supreme Court in the case of Velusamy Vs. D. Patchaiammal; 2010 (3) Bom. C.R. (Cri.) 764 (S.C.) concluded that the applicant and the respondent No.2 were not qualified to enter into a legal marriage since they were already married and their marriages were in subsistence. The relationship was not covered by Section 2 [f] of the D.V. Act. She was not entitled to take recourse to the provision of Section 12 of the D.V. Act. The appeal was allowed and the Judgment and order passed by the Magistrate was set aside. Hence, this Revision.

7. The learned Advocate for the applicant submitted that since the applicant had already got the customary divorce in the form of execution of Notarized Deed on 15.11.2011, her first marriage had come to an end. Since the respondent No.2 is Muslim, his personal Law permits him to solemnize the second marriage. Since there is evidence in the form of testimony of Kazi and a Nikahnama demonstrating that the marriage was solemnized between the applicant and respondent No.2, the relationship between the two was in the nature of marriage within the meaning of Section 2 [f] of the D.V. Act. The couple had also has a child out of the relation. There was a birth certificate of the child which demonstrated that the couple was holding themselves out as husband and wife and the relationship was duly covered under that provision. The observation and the conclusion drawn by the Magistrate was unassailable. The learned Addl. Sessions Judge has ignored these aspects and without any cogent and convincing reason, quashed and set aside the Judgment of the Magistrate. There is no sufficient legal basis to substantiate the interpretation of the learned Addl. Sessions Judge. The impugned Judgment and order is not tenable in law and be quashed and set aside, thereby restoring the Judgment and order passed by the Magistrate.

8. Though the respondent No.2 has been disputing all the averments, there is enough material to show that the applicant and the respondent No.2 had established a kind of relationship. They had entered into marriage ceremony in presence of a Kazi [PW 2]. A Nikahnama was executed [Exhibit 35]. There is also a Birth Certificate showing that a child was born to the applicant and the respondent No.2 was shown as the father of the child.

9. However, it is necessary to ascertain, whether such kind of relationship is covered by the definition of domestic relationship as contained in Section 2 [f] of the D.V. Act. The definition reads thus :

'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

It is important to note that the interpretation put on the definition and particularly the words 'relationship in the nature of marriage' by the Supreme Court in the case of Velusamy [supra] to mean :

[a] The couple must hold themselves out to society as being akin to spouses.

[b] They must be of legal age of marry.

[c] They must be otherwise qualified to enter into a legal marriage, including being unmarried.

[d] They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

Even in the case of Indra Sarma v. V.K.V. Sarma; AIR 2014 S.C. 309, a comparison has been made between the relations which are in the nature of marriage and live in relationship and guidelines have been culled out to distinguish between the two.

10. Perusal of these decisions makes it abundantly clear that not all the live in relationships are covered by the provision of Section 2 [f] of the D.V. Act. It is only those which qualify to be the relationship in the nature of marriage which are governed by that provision. In order to constitute such relationship, a legal marriage between the two must be possible.

11. There is one more aspect which needs such an interpretation to be put to words 'relationship in the nature of marriage' contained in Section 2 [f] of the D.V. Act. It is well recognized principle of interpretation of statute that a statute should be interpreted in a manner which would not promote illegality. It has made a provision to enable a woman in a relationship in the nature of marriage to seek various remedies under the D.V. Act. One cannot put an interpretation to Section 2 [f] of the D.V. Act which would promote an adulterous relationship which is an offence punishable under Section 494 of the Indian Penal Code. Therefore, these words will have to be interpreted in a conducive and harmonious manner so as not to offend a penal provision contained in the Code. Therefore looked at from this angle, one cannot interpret this provision which would offend any law. The legislature in its wisdom has enacted the Law so as to cover and protect not only a legally wedded wife but has gone a step further to bring in its ambit a woman who has been in a relationship in the nature of marriage. Use of word 'marriage' to qualify the relationship is conspicuous and the only interpretation that can be put is that the marriage between the couple must be legally possible. Any other interpretation which would offend any other law would not be permissible.

12. Once

Please Login To View The Full Judgment!

it is clear that in order to enable the applicant to claim any relief under the D.V. Act the relation between her and the respondent No.2 was not in the nature of marriage, she is clearly not entitled to claim any relief under that Act. Admittedly, on her own admission, her first marriage was still in subsistence, and if that be so, she could not have married legally with the respondent No.2 albeit he is a Muslim and his personal law permits him to solemnize the second marriage. In view of such state of factual matrix and the evidence, the observation and the conclusion drawn by the learned Addl. Sessions Judge that the relationship between these two did not fall into the 'domestic relationship' as defined under Section 2 [f] of the D.V. Act is unassailable. The Revision is dismissed. The rule is discharged.
O R







Judgements of Similar Parties

29-05-2020 The State of Maharashtra through Public Prosecutor, High Court, Bench at Aurangabad Versus Prabhakar Karbhari Ghatmale & Others In the High Court of Bombay at Aurangabad
26-05-2020 State of Maharashtra Versus Mangesh & Others In the High Court of Bombay at Nagpur
26-05-2020 Bhagtam & Others Versus The State of Maharashtra & Others In the High Court of Bombay at Nagpur
26-05-2020 Abhinav Bharat Congress & Another Versus State of Maharashtra & Others High Court of Judicature at Bombay
22-05-2020 Mohiuddin Vaid Versus State of Maharashtra & Others High Court of Judicature at Bombay
22-05-2020 Grant Medical Foundation Ruby Hall Clinic, Pune Versus State of Maharashtra & Others High Court of Judicature at Bombay
15-05-2020 Yogesh Versus The State of Maharashtra, Through Chief Secretary, School Education & Sports Department, Mantralaya & Another In the High Court of Bombay at Aurangabad
15-05-2020 A.P. Suryaprakasam Versus Superintendent of Police, Sangli District, Maharashtra & Another High Court of Judicature at Madras
15-05-2020 The State of Maharashtra through Secretary, Agriculture, Animal Hubandary, Dairy Development & Fisheries Department, Mantralaya & Another Versus Madhukar Suryabhan Ingale In the High Court of Bombay at Aurangabad
15-05-2020 Amalner Municipal Council, Amalner Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
08-05-2020 Pratik & Others Versus The State of Maharashtra, Through Police Station Mahur Dist. Nanded & Another In the High Court of Bombay at Aurangabad
08-05-2020 Chandrakant Kotecha Charitable Trust Versus The State of Maharashtra & Others High Court of Judicature at Bombay
05-05-2020 Zafar Jamal Khan Versus The State of Maharashtra High Court of Judicature at Bombay
05-05-2020 Shekhar @ Mukesh Sanadi Versus The State of Maharashtra High Court of Judicature at Bombay
05-05-2020 Shobha Versus The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya Annexe, Mumbai & Others In the High Court of Bombay at Nagpur
04-05-2020 Pradeep Gandhy Versus The State of Maharashtra & Others Supreme Court of India
03-05-2020 Mohammad Nishat Versus The State of Maharashtra through its Chief Secretary, Mantralaya, Mumbai & Others In the High Court of Bombay at Nagpur
30-04-2020 Mohan Versus The State of Maharashtra, Through : The Secretary, Public Works Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
30-04-2020 Syed Salim & Others Versus The State of Maharashtra, Secretary, Public Works Department, Mantrayalay & Others In the High Court of Bombay at Aurangabad
30-04-2020 Shivray Kulkarni & Others Versus State of Maharashtra &Others High Court of Judicature at Bombay
30-04-2020 Sardar Manjieeth Singh Jagan Singh Versus The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
30-04-2020 Babu Bhairu Ovhal & Another Versus The State of Maharashtra High Court of Judicature at Bombay
30-04-2020 Gajanan Shahu Keripale Versus The State of Maharashtra Through The Secretary, School Education & Sports Dept, Mantralaya & Others High Court of Judicature at Bombay
30-04-2020 Natural Sugar and Allied Industries Limited & Others Versus The State of Maharashtra, Through the Secretary for Co-operation, Marketing & Textile Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
30-04-2020 The State of Maharashtra Versus Baban Gangaram Chirate & Others High Court of Judicature at Bombay
27-04-2020 Shankar Sarvotam Pai & Others Versus State of Maharashtra & Others High Court of Judicature at Bombay
27-04-2020 Abuzar Shaikh Abdul Kalam Versus The State of Maharashtra High Court of Judicature at Bombay
27-04-2020 Ajay Versus State of Maharashtra, through PSO In the High Court of Bombay at Nagpur
27-04-2020 Aishwarya Atul Pusalkar Versus Maharashtra Housing & Area Development Authority & Others Supreme Court of India
24-04-2020 Arvind Singh Versus The State of Maharashtra Supreme Court of India
23-04-2020 High Court on its own motion Versus The State of Maharashtra & Others High Court of Judicature at Bombay
21-04-2020 Deodutta Gangadhar Marathe Versus The State of Maharashtra through Secretary, Department of Home, Mantralaya & Others High Court of Judicature at Bombay
15-04-2020 The Registrar (Judicial), High Court of Bombay, Bench at Aurangabad Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
15-04-2020 Pankaj Rajmachikar Versus State of Maharashtra & Another High Court of Judicature at Bombay
15-04-2020 Mohammad Zakir Mohammad Bashir Solanki Versus The State of Maharashtra In the High Court of Bombay at Nagpur
08-04-2020 Nilesh Shriniwas Baswant Versus The State of Maharashtra Supreme Court of India
08-04-2020 C.H. Sharma & Another Versus State of Maharashtra & Others In the High Court of Bombay at Nagpur
08-04-2020 Sarva Hara Jan Andolan through Ulka Mahajan & Another Versus State of Maharashtra & Others High Court of Judicature at Bombay
08-04-2020 Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, Ravindranath Tagore Marg, through its Registrar & Another Versus State of Maharashtra, Department of Higher and Technical Education, Mantralaya, through its Secretary & Another In the High Court of Bombay at Nagpur
08-04-2020 Shahid Bhagat Singh Cooperative Housing Society Versus The State of Maharashtra & Others High Court of Judicature at Bombay
27-03-2020 Azam Khan Versus The State of Maharashtra Supreme Court of India
23-03-2020 Jithin, Malappuram, Represented by his Power of Attorney holder, Geetha Versus Reshma & Another High Court of Kerala
20-03-2020 Professor Smt. Manorama Prakash Khandekar Versus The State of Maharashtra, Higher and Technical Education Department, through its Secretary, Mantralaya & Others In the High Court of Bombay at Nagpur
20-03-2020 The State of Maharashtra Versus Shivaji Shankar Bhintade High Court of Judicature at Bombay
20-03-2020 The State of Maharashtra Versus Shankar Khandu Thombare & Another High Court of Judicature at Bombay
20-03-2020 The State of Maharashtra Versus Kondiba Bahiru Thambare High Court of Judicature at Bombay
18-03-2020 Manglam Roongta & Others Versus State of Maharashtra & Another High Court of Judicature at Bombay
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
17-03-2020 The State of Maharashtra (Through – PI of Chavani Police Station, Malegaon, District - Nasik) Versus Dr. Baban Lahanu Gangurde & Others High Court of Judicature at Bombay
17-03-2020 Chetan Prabhakar Rajwade Versus The State of Maharashtra, Through Secretary, Tribal Development Department & Others High Court of Judicature at Bombay
17-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
17-03-2020 Maharashtra State Electricity Distribution Company Limited Through its Superintending Engineer, Admn. Versus M/.Pranavditya Spinning Mills Ltd. High Court of Judicature at Bombay
16-03-2020 CEAT Limited (formerly known as Ceat Tyres of India Ltd.) Versus The State of Maharashtra & Others High Court of Judicature at Bombay
16-03-2020 Jeevan Niwas Co-operative Housing Society Ltd. & Another Versus The State of Maharashtra through Department of Co-operation & Textiles, Mantralaya & Others High Court of Judicature at Bombay
16-03-2020 Bhavna Kisan Uradya & Others Versus The State of Maharashtra, Through the Secretary, School Education Department & Others High Court of Judicature at Bombay
13-03-2020 Ram Pralhad Khatri & Others Versus State of Maharashtra, through Principal Secretary, Urban Development Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
13-03-2020 Chirag Sundarlal Gupta Versus The State of Maharashtra (through Kurar Village Police Station High Court of Judicature at Bombay
13-03-2020 Nagrik Samanvya Samiti & Others Versus The State of Maharashtra, Through Principal Secretary, Urban Development Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
13-03-2020 Sheetal Medicare Products Pvt. Ltd., Maharashtra Versus New India Assurance Co. Ltd., Maharashtra & Another National Consumer Disputes Redressal Commission NCDRC
12-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
11-03-2020 Ishwar & Others Versus The State of Maharashtra, Through the Secretary, Co-operation and Textile Department, Maharashtra State Mantralaya & Others In the High Court of Bombay at Aurangabad
11-03-2020 Nivrutti Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
11-03-2020 Dnyaneshwar Versus The State of Maharashtra, Through its Secretary, School Education & Sports Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
11-03-2020 Sayyad Azim Sayyad Mnazur & Others Versus The State of Maharashtra Through Police Inspector In the High Court of Bombay at Aurangabad
11-03-2020 New India Assurance Co. Ltd., Maharashtra & Another Versus Mohd. Nazir & Others National Consumer Disputes Redressal Commission NCDRC
09-03-2020 Milind Bhimsing Shirsath Versus The State of Maharashtra Through its Tribal Development Department, Mantralaya & Others High Court of Judicature at Bombay
09-03-2020 Sanjay Devaji Ramteke Versus The State of Maharashtra, through PSO In the High Court of Bombay at Nagpur
09-03-2020 Kumari Shaikh Shashim Mhamulal Versus The State of Maharashtra & Others High Court of Judicature at Bombay
09-03-2020 Lahu Bhausaheb Sonwane Versus The State of Maharashtra, Through Police Inspector & Another In the High Court of Bombay at Aurangabad
09-03-2020 Jaggu Sardar @ Jagdish Tirathsing Labana @ Punjabi Versus The State of Maharashtra (Through the Office of the Government Pleader, High Court, A.S. Mumbai) & Others High Court of Judicature at Bombay
09-03-2020 Hasina Siraj Shaikh Versus State of Maharashtra Secretary through Department of Secondary & Higher Secondary Education Department & Others High Court of Judicature at Bombay
06-03-2020 Dr. Nishigandha Ramchandra Naik Versus State of Maharashtra through Principal Secretary, Medical Education and Drugs Department Mantralaya & Another High Court of Judicature at Bombay
06-03-2020 Manohar Bhimraoji Mahalle & Others Versus State of Maharashtra & Others In the High Court of Bombay at Nagpur
05-03-2020 The State of Maharashtra Versus Balaso Gulab Pendhari & Another High Court of Judicature at Bombay
05-03-2020 Vikrant Vikas Raikar, Proprietor of M/s. Elegant Constructions Versus State of Maharashtra, through Government Pleader & Others High Court of Judicature at Bombay
05-03-2020 Gopal Versus State of Maharashtra In the High Court of Bombay at Nagpur
05-03-2020 The State of Maharashtra Versus Shaikh Jabbarlal Mohamad High Court of Judicature at Bombay
05-03-2020 Devyani Versus The State of Maharashtra Through its Secretary Home Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
05-03-2020 The State of Maharashtra Versus Anant Dattatraya Pashilkar High Court of Judicature at Bombay
05-03-2020 Mohammed Aslam Azad Shaikh Versus The State of Maharashtra Through Secretary Home Department (Special) Mantralaya & Others High Court of Judicature at Bombay
04-03-2020 Dr. Anil D. Garje Versus The State of Maharashtra Through its Principal Secretary Higher & Technical Education Department Mantralaya & Others High Court of Judicature at Bombay
04-03-2020 Radhabai Gabaji Rokade Versus The State of Maharashtra High Court of Judicature at Bombay
04-03-2020 Kishor Laxman Lonari, Convict No. C/52 Versus The State of Maharashtra, Through the Secretary, Prison – 3, State of Maharashtra, Home Department, Mantralaya In the High Court of Bombay at Aurangabad
04-03-2020 Ravindra Manik Shinde & Another Versus State of Maharashtra through its Secretary, Tribal Development Department, Mantralaya & Another High Court of Judicature at Bombay
04-03-2020 Haseena Babu Sanadi @ Haseena Rasul Tadwal Versus State of Maharashtra through its Secretary, Social Justice & Special Assistance Department & Others High Court of Judicature at Bombay
03-03-2020 Sainath Annasaheb Waghchaure & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
03-03-2020 Dadarao & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
03-03-2020 Priyanka Versus The State of Maharashtra Through the Principle Secretary, Home Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
02-03-2020 The State of Maharashtra Versus Shivaji Daulu Patil & Others High Court of Judicature at Bombay
02-03-2020 The State of Maharashtra Versus Mansing Shankarrao Mane & Another High Court of Judicature at Bombay
28-02-2020 Vikrant Prataprao Gaikwad & Another Versus The State of Maharashtra Through the Secretary School Education Department Mantralaya & Others High Court of Judicature at Bombay
28-02-2020 Vikrant Prataprao Gaikwad & Another Versus The State of Maharashtra Through the Secretary School Education Department & Others High Court of Judicature at Bombay
28-02-2020 Vijay Kishanrao Kurundkar & Another Versus State of Maharashtra & Others Supreme Court of India
28-02-2020 Maharashtra State Electricity Distribution Co. Ltd. Versus Union of India & Others Supreme Court of India
28-02-2020 The State of Maharashtra Versus Suresh Navnath Londhe & Others High Court of Judicature at Bombay
28-02-2020 Chandrakant @ Gotya Ramdas Pawar Versus The State of Maharashtra High Court of Judicature at Bombay
28-02-2020 The State of Maharashtra (Through Anti Corruption Bureau) Greater Bombay Unit, Gr. Bombay) Versus Talimunisa Rais Ahmed High Court of Judicature at Bombay
28-02-2020 Sahel Ahmad Wakeel Ahmad Quadri & Another Versus The State of Maharashtra Through its Principal Secretary Public Health Department Mantralaya & Others High Court of Judicature at Bombay
27-02-2020 Shri Maruti Tukaram Bagawe & Others Versus State of Maharashtra & Another Supreme Court of India
27-02-2020 Salauddin Imamuddin Ansari Versus The State of Maharashtra, Through Secretary, Home, Department (Special), Mantralaya & Others High Court of Judicature at Bombay


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box