Hemant Nagrale Matrimonial Proceeding | Supreme Court Orders Bombay HC To Dispose Divorce, DV Case In 6-Months

The Supreme Court recently directed the Bombay High Court to consider disposing of the proceedings under the Domestic Violence Act against Mumbai Commissioner of Police, Hemant Namdeorao Nagrale, within 6 months.

The bench of Justices UU Lalit and S Ravindra Bhat in the present matter was considering a special leave petition after the Bombay High Court refused to quash the proceedings initiated by his wife under the Domestic Violence Act.

Case:

In 2008, Hemant Namdeorao Nagrale, Commissioner of Mumbai had filed a petition before the Family Court, Mumbai at Bandra under section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking divorce on grounds of cruelty which was allowed by the Family Court.

Pursuant to the order granting divorce in 2011, Nagrale’s wife had lodged a private complaint in the Court of Additional Chief Metropolitan Magistrate against Nagrale, two doctors and two nurses alleging commission of offences punishable under:

Section 498A
Section 323
Section 328
Section 341
Section 307
Section 504
Section 506(2) r/w Section 34
Section 120-B of the Indian Penal Code, 1860

Later, in September 2013, Nagrale’s wife filed another Criminal Miscellaneous Application in the Court of M.F.C. (A.C. Court), Pune seeking for issuance of appropriate protection order under the provisions of the Domestic Violence Act, 2005 (DV Act) against Nagrale prohibiting him from committing any act of domestic violence.

Maintenance Demanded

Nagrale’s wife had further sought for passing a suitable order for allowing her to enjoy the shared household, maintenance in the sum of Rs 2,50,000, compensation of Rs 50,000 and a sum of Rs 25,000 for litigation expenses.

Nagrale’s Action

In January 2014, Nagrale filed an application under Section 482 of CrPC, 1973 seeking quashing of the proceedings initiated by the respondent under the DV Act and also filed a Criminal Application seeking quashing of the Criminal Complaint filed by the respondent in the Court of the Additional Chief Metropolitan Magistrate, Mumbai under all sections mentioned above.

Bombay High Court

In January 2020, the Bombay High Court rejected Nagrale’s applications seeking quashing of the proceedings.

Nagrale also challenged Bombay High Court’s order refusing to the quash criminal proceedings initiated by his wife u/s 498A, 323, 328, 341, 307, 504, 506(2) r/w Section 34 and 120-B of the Indian Penal Code, 1860.

Supreme Court

While disposing of the SLP pertaining to DV proceedings, the bench observed,

Since the divorce granted by the Family Court on the ground of cruelty is pending consideration in First Appeal No.71 of 2011 before the High Court, and as the operative directions issued by the Family Court had granted permanent maintenance to the respondent-wife, all the issues pertaining to and raised in the application preferred under the D.V. Act, 2005 shall be gone into by the High Court in the pending First Appeal No.71 of 2011.

Such a course is permissible by express terms of Section 26 of the D.V. Act. For the effective consideration of the entire controversy, the application preferred under the D.V. Act shall stand transferred to the High Court for appropriate determination and disposal.

The Supreme Court also directed the respective Court at Pune to transmit all the relevant records and papers to the High Court within two weeks of the receipt of the copy of this order.

With regards to the proceedings challenging the rejection of application under section 482 of the Code seeking quashing of criminal proceedings filed in the Court of Additional Chief Metropolitan Magistrate, Mumbai the Top Court granted the SLP. It further directed for continuation of the interim relief. The court ordered,

Insofar as the challenge to the rejection of application under Section 482 of the Code seeking quashing of criminal proceedings filed in the Court of Additional Chief Metropolitan Magistrate, Mumbai is concerned, Special Leave to Appeal [in Special Leave Petition (Crl.) No.1839 of 2020] is granted.

Interim order granted in SLP (Crl.) No. 1839 of 2020 shall continue to operate. Hearing of the appeal is expedited.

The top court concluded,

We request the High Court to consider disposing of the pending First Appeal along with all the submissions raised in the application under the D.V. Act and deal with the entirety of the controversy as early as possible and preferably within six months from today.

We have not and shall not be taken to have expressed any opinion on the merits of the matter which shall be gone into independently.

Senior Advocate Siddhartha Dave appeared for Hemant Namdeorao Nagrale and Senior Advocate Vinay Navare represented Nagrale’s wife.

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