Bangalore District Court
Abhishek Dubey vs Anchal Sharma on 2 May, 2026
KABC0A0031072024
IN THE COURT OF THE LXXII ADDL. CITY CIVIL
& SESSIONS JUDGE AT MAYO HALL
BENGALURU, (CCH-73)
Present:
Sri. Sreepada N,
B.Com., L.L.M.,
LXXII Addl. City Civil & Sessions Judge, Bengaluru.
Dated this the 2nd day of May 2026
Crl. Appeal. No.25333/2024
Appellant:- Sri. Abhishek Dubey,
S/o Late Manmohan Dubey,
Aged about 47 years,
R/o at T-1, Maruthi Meadows Apts.,
6th G Cross, K.G. Pura,
Bengaluru-560 093.
(By Sri. V.J. Narayan Kumar - Adv.,)
V/s
Respondent:- Smt. Anchal Sharma,
W/o Mr. Abhishek Dubey,
Aged 42 years,
R/o at T-1, Maruthi Meadows Apts.,
6th G Cross, K.G. Pura,
Bengaluru-560 093.
(By Sri. Amit Mandgi - Adv.,)
2 Crl.Appeal No.25333/2024
JUDGMENT
The Appellant/Respondent has filed the present appeal against the orders passed by the MMTC-I in Crl.Misc.No.4/2023 dtd: 30.8.2024 before this Court on 20.9.2024.
2. For the sake of convenience the parties herein after will be referred to with their ranking assigned before the Trial Court.
3. The Petitioner has filed petition U/Sec.12 of Protection of Women from Domestic Violence Act, 2005 against the Respondent claiming protection order and residence order under Section 18 & 19 R/w Section 23 of Protection of Women from Domestic Violence Act.
4. The Appellant herein has not filed objections to the said main petition, as it appears that at the time of passing of interim orders he was placed absent.
5. The Trial Court vide order dtd: 30.8.2024 was pleased to allow the IA filed by the Respondent herein in part under Section 18 R/w 23 of Protection 3 Crl.Appeal No.25333/2024 of Women from Domestic Violence Act and restrained the Respondent from aiding, abetting or committing any sorts of domestic violence on Petitioner, till disposal of this petition. Further the Respondent is hereby restrained from causing any sorts of violence to the dependents or other relatives or any person who give assistance to the aggrieved person. Further the Respondent shall not alienate any assets or operate bank lockers or bank accounts held jointly by both Respondent and aggrieved person, till disposal of the petition.
6. Further also allowed IA filed by the Petitioner U/Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act and directed the Respondent to remove himself from the shared household, till disposal of this petition.
7. Feeling aggrieved by the said order, the Respondent is in appeal on the following grounds:-
1. The impugned order passed by the Trial Court is completely arbitrary, contrary to law, facts and the materials on record.
Therefore, it deserves to be set aside.
4 Crl.Appeal No.25333/20242. The impugned order dtd: 30.8.2024 is unsustainable as it is in discord with established principles of law and the impugned order is arbitrary and irrational. Hence, it is liable to be set aside on this ground.
3. The Respondent herein has filed false cases and suppressed the facts before the Trial Court and no violence has taken place except for the mild alteration due to the instigation by the Respondent side, no prior case has been filed before her parents came to Bangalore.
4. The Respondent has fabricated the evidence and taken the order before the Trial Court without material available on record and has not been proved and unintentional. Further the Trial Court has verified the incident and has passed the order and has enlarged the Appellant on bail, it is pertinent to note that, the Trial Court has taken cognizance for that effect that no intention was there on behalf of the Appellant to hurt the Respondent along with her family members.
5. The Respondent's parents have shifted to the Appellant's house, creating major issues for the dispute and the Appellant till date from the date of the purchase of the property, is paying the EMI for the house.
5 Crl.Appeal No.25333/20246. The Trial Court did not see that as per Section 12 of the Protection of Women from Domestic Violence Act, the Appellant was not properly served with the notice or given adequate time to respondent to the aggrieved person's claim.
7. The Trial Court failed to see that as per Article 14 of the Constitution of India and Section 18 of the Protection of Women from Domestic Violence Act, 2005, the Appellant was denied a fair hearing as he was not provided with a sufficient opportunity to present his defense.
8. The Trial Court did not see that as per Section 23 of the Protection of Women from Domestic Violence Act, the evidence presented by the Respondent including CCTV footage and photographs was insufficient to justify the protection order.
9. The Trial Court failed to see that as per Section 18 of the Protection of Women from Domestic Violence Act,, the restrictions imposed by the order, including the prohibition on alienating assets or operating bank accounts, were excessive and disproportionate to the alleged acts of domestic violence.
10. The Trial Court misapplied the legal standards under Sections 18 and 23 of the Protection of Women from Domestic Violence Act.
6 Crl.Appeal No.25333/202411. The Trial Court failed to see that as per Section 24 of the Protection of Women from Domestic Violence Act, the findings of fact by the Trial Court were incorrect and not supported by the evidence.
12. The Trial Court failed to ensure a proper investigation into the Respondent's allegations. Section 20 requires a thorough examination of the circumstances and evidence before passing such orders.
13. The Trial Court failed to see that as per Section 23 of the Protection of Women from Domestic Violence Act, 2025 the interim orders were issued without following the procedural safeguards required under Section 23. The issuance of such orders requires a prima-facie case, which was not adequately established in this instance.
14. The Trial Court displayed bias or prejudice in handling the case. This bias affected the impartiality of the proceedings and the fairness of the order passed.
On the aforesaid grounds, the Appellant prayed for setting aside the orders dtd. 30.8.2024 by allowing the appeal.
7 Crl.Appeal No.25333/20248. The Respondent appeared through her counsel and filed objections to the main appeal and IAs.
9. Heard both sides. Perused the written arguments filed by the Learned Counsel for the Respondent.
10. On perusal of the order of the Trial Court, the points that would emerge for the consideration of this court are as follows:
1. Whether the orders of the Trial Court calls for interference by the hands of this court?
2. What Order?
11. My finding on the above points are as under:
Point No.1 : Partly in the Affirmative. Point No 2 : As per final order for the following :
REASONS
12. Point No.1 & 2:-
The present appeal has been preferred by the Appellant/husband against the interim order passed 8 Crl.Appeal No.25333/2024 by the Trial Court under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act, and as well as order passed on IA filed under Section Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act dtd: 30.8.2024.
13. The Trial Court vide order dtd: 30.8.2024 allowed the application filed by the Respondent herein in part under Section 18 R/w 23 of Protection of Women from Domestic Violence Act and restrained the Respondent from aiding, abetting or committing any sorts of domestic violence on Petitioner, till disposal of this petition. Further also the Respondent is hereby restrained from causing any sorts of violence to the dependents or other relatives or any person who give assistance to the aggrieved person. Even the Trial Court also restrained the Appellant herein from alienating any assets or operate bank lockers or bank accounts held jointly by both Respondent and aggrieved person, till disposal of the petition. Further the Trial Court allowed the IA filed by the Petitioner U/Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act and 9 Crl.Appeal No.25333/2024 directed the Respondent to remove himself from the shared household, till disposal of this petition.
14. The Appellant while preferring appeal against the above two applications also filed IA.No.1/2025 and prayed to stay the further proceedings of the said two interim orders by filing application under Section 29 of Protection of Women from Domestic Violence Act. This Court initially allowed the said application in part and stayed the operation and execution of the impugned orders passed by the Trial Court under Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act, till appearance of the Respondent herein. However, no stay was granted by this Court in respect application filed under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act.
15. The order sheet of this Court reflects that after preferring this appeal the Appellant herein also preferred Writ Petition before the Hon'ble High Court of Karnataka in W.P.No.30332/2024 and prayed to quash the interim order passed by the Trial Court 10 Crl.Appeal No.25333/2024 directing the Appellant herein to remove himself from the shared household till disposal of the petition. However, the Hon'ble High Court of Karnataka dismissed the said Writ Petition giving liberty to the Appellant herein to pursue the appeal.
16. The main ground urged by the Appellant herein in the appeal memo as well as the Learned Counsel for the Appellant in his arguments that the Appellant has not at all caused any sort of domestic violence against the Respondent herein. The impugned order passed by the Trial Court is arbitrary and unsustainable and against the principles of natural justice. The Respondent has filed false case by suppressing the previous proceedings between the Appellant and Respondent. The Respondent had obtained order without disclosing the real facts. Even the Trial Court also without considering the fact that the notice was not at all been served upon the Respondent passed impugned order. According to Section 12 of Protection of Women from Domestic Violence Act, sufficient opportunity shall have to be given to the husband before passing an appropriate order. The Appellant 11 Crl.Appeal No.25333/2024 herein has been denied fair opportunity to put forth his defense. The Trial Court has erroneously passed an order including the prohibition on alienating assets or operating bank accounts, were excessive and disproportionate to the alleged acts of domestic violence. The Trial Court failed to consider the implications of the anticipatory bail granted under Section 438 and Section 439 of Cr.P.C., to the Appellant. The findings of the Trial Court while passing impugned orders is not supported with any materials. Accordingly, the Appellant has prayed to set aside the impugned order.
17. The Learned Counsel for the Respondent in his objections contended that the Trial Court after properly considering the prima-facie materials passed impugned orders. Further contended that the materials i.e., photographs and videographs clearly showing that the Appellant has physically assaulted the Respondent and her parents and the same is properly considered by the Trial Court in a proper manner. The Appellant has filed the present appeal without doing his due diligence and without verifying the facts and circumstances of the present matter.
12 Crl.Appeal No.25333/2024Further, the Appellant has sought for the same prayer before multiple Courts, those prayers are not at all maintainable. The Appellant has not produced any supporting documents to validate his contentions. The Appellant has falsely alleged that the Respondent herein has filed false case. However, on 28.6.2022, FIR has been registered against the Appellant, abetted by his mother and sister, puched the Respondent on her cheek with a closed fist and attempted to assault the Respondent and her parents. Therefore, in this connection a charge sheet has been filed and the said case is still pending before the XI ACMM, Bengaluru. Even another Complaint also been lodged against the Appellant and FIR has been registered at Byappanahalli Police Station and in the said case charge sheet also filed against him. The CCTV footage shows that the Appellant was attacking the Respondent and her parents. The present appeal is filed without any due diligence and in order to harass the Respondent. Further contended that already dowry harassment case also registered against the Appellant herein. Further Respondent and her parents were left traumatized and distressed. She filed interim 13 Crl.Appeal No.25333/2024 applications under Section 18 & 19 R/w Section 23 of Protection of Women from Domestic Violence Act against the Appellant and the Trial Court after going through the clear and convincing evidence including CCTV footage, photographs and medical documents was pleased to allow the applications filed by her. Therefore, if the present appeal is allowed, definitely she will be put to great hardship and irreparable loss. On the other hand, if the interim order passed by the Trial Court is continued till disposal of the petition pending before the Trial Court, no injustice would cause to the Appellant herein. Accordingly, prayed to dismiss the appeal.
18. The Learned Counsel for the Respondent also filed written arguments which is on same lines of objection to the main appeal and along with his written arguments he has also produced pendrive, photographs and copies of medical records to show that the Appellant herein has caused assault and domestic violence on the Respondent and her parents etc. 14 Crl.Appeal No.25333/2024
19. On perusal of these Photographs and Pendrive and copies of medical records with the cases filed against the Appellant herein, this Court is on the opinion that as opined by the Trial Court in its order there are some prima-facie materials against the Appellant herein that he has caused domestic violence on the Respondent. If the interim order passed by the Trial Court on the application under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act, is set aside, definitely the Respondent will be put to great hardship and irreparable loss. Therefore, in order to safeguard the interest of the aggrieved person and to void further complications, it is just and necessary to confirm the protection order granted by the Trial Court in favour of the Respondent till the considered order to be passed by the Trial Court on the materials to be placed by both parties.
20. The Trial Court has rightly passed the said interim order restraining the Appellant herein from causing any sorts of violence on the Respondent and her dependents and her relatives etc. It is also apprehension of the Respondent herein that if the 15 Crl.Appeal No.25333/2024 interim order passed by the Trial Court is set aside, definitely the Appellant may alienate her assets, may operate bank lockers or bank accounts which is jointly enjoyed by both herself and the Appellant. Admittedly, in this regard also the Trial Court has rightly passed interim order directing the Appellant herein shall not alienate any assets or operate bank lockers or bank accounts held jointly by both Appellant and Respondent. Therefore, the said order also cannot be interfered or modified by this Court at this stage of the proceedings. Even the Appellant herein also not at all placed any materials at this stage before the Trial Court to show that this order shall have to be set aside or modified. On the other hand, if at all the Appellant is having sufficient materials to modify this portion of the order he can place sufficient materials before the Trial Court and in that event the Trial Court can suitably modify the said portion of the order if it is found to be modified or altered. Therefore, at this stage of the proceedings there is no materials forthcoming from the side of the Appellant herein to set aside or modify the interim order i.e., the order on the application filed under 16 Crl.Appeal No.25333/2024 Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act,.
21. Regarding the order passed by the Trial Court on the application filed under Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act is concerned, the Trial Court has directed the Appellant herein to remove himself from the shared household till disposal of the petition filed before the Trial Court. As aforesaid, after filing the present appeal this Court has stayed the operation and execution of this order till appearance of the Respondent.
22. The Learned Counsel for the Appellant during the course of arguments submitted that this Court after considering the prima-fascie materials has rightly stayed the impugned order of the Trial Court, as the Trial Court without considering the factual aspects and health condition of the Appellant and his parents, passed the said order. On the other hand, he is residing in the shared household along with his aged mother and he is not feeling well and even his mother is also senior citizen and if he 17 Crl.Appeal No.25333/2024 ordered to be removed from the shared household, definitely himself and his mother will be put to great hardship, as his over all health is not in good condition. Admittedly, some copies of the medical records also produced in this regard by the Appellant. Therefore, by considering the above documents with the submission of the Learned Counsel for the Appellant and also by considering that the said impugned order passed by the Trial Court in the absence of the Appellant herein, as he has not appeared before the Trial Court while passing the said order. Therefore, this Court feels that till suitable orders to be passed by the Trial Court by considering the prima-facie documentary evidence to be produced by the Appellant herein, it is just and necessary to continue the said interim stay passed by this Court till the Trial Court passing considered order on merits of the above application. Therefore, if the stay is not granted or set aside on the said order till the Trial Court passing considered order, definitely the Appellant and her mother may be put to some hardship and irreparable loss. Moreover, already this Court opined that there is no question of altering or modifying the order passed by 18 Crl.Appeal No.25333/2024 the Trial Court on the application filed under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act restraining the Appellant herein from aiding, abutting or causing any sorts of domestic violence on the Respondent and her dependents till passing considered order by the Trial Court.
23. It is the further argument of the Learned Counsel for the Respondent herein is that the Trial Court after properly considering the materials, Photographs, Videographs etc., has rightly passed the interim order on the both interim applications, therefore, there is no necessary to interfere with the said order, if at all the impinged orders are set aside, definitely the Appellant may cause further violence on the Appellant and her dependents.
24. Further it is the submission of the Learned Counsel for the Respondent herein is that after passing impugned order the Appellant had left the shared household with his bags and luggage and he had forcibly removed the TV from the wall of the second bedroom, the CCTV footage of the Appellant 19 Crl.Appeal No.25333/2024 leaving the shared household with his belongings has been produced and the same may be considered. Accordingly, he prayed to confirm the said interim order passed by the Trial Court.
25. Admittedly, as per the said CCTV footage, it appears that the Appellant was leaving the shared household, however, the Appellant has not at all admitted the same. Therefore, at this stage of the proceedings without considering the objections of the Appellant herein in this regard it cannot be held that already the Appellant had left the shared household. The Trial Court can consider the CCTV footage and objections of the Appellant in this regard and pass suitable orders on the merits of the interim applications.
26. As aforesaid, it is the main submission of the Learned Counsel for the Appellant herein is that the Trial Court without giving sufficient opportunity to the Appellant herein and without hearing the Appellant only passed the impugned order, therefore, the said order is arbitrary in nature and an opportunity may be given to the Appellant herein to 20 Crl.Appeal No.25333/2024 put forth his defense before the Trial Court, as so many false cases have been filed against the Appellant, on the basis of the said false cases the impugned order passed by the Trial Court and same shall have to be set aside.
27. As aforesaid, this Court come to conclusion that an opportunity shall have to be given to the Appellant herein to put forth his case before the Trial Court on both the interim applications filed by the Respondent herein. However, as aforesaid at this stage of the proceedings there is no sufficient materials forthcoming from the side of the Appellant herein to set aside or stay the impugned order passed on the application filed under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act. On the other hand, it is just and necessary to set aside the impugned order passed on the application filed under Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act. It is open for the Appellant herein to put forth his defense by placing his objections and materials before the Trial Court till passing considered order on these applications, it is just and necessary to stay 21 Crl.Appeal No.25333/2024 the operation and execution of the said impugned order. Accordingly, Point No.1 answered Partly in the Affirmative.
28. POINT NO.2:
In view of the findings on the above point the appeal filed by the Appellant deserves to be allowed in part. Accordingly, I proceed to pass the following:-
ORDER The appeal filed by the Appellants U/Sec.29 of the Protection of Women from Domestic Violence Act, 2005 is hereby allowed in part.
The order of the Trial Court in Crl.Misc.No.4/2023 dtd: 30.8.2024 on IA filed under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act, is hereby confirmed till the Trial Court pass considered order on this application.
The order passed by the Trial Court in Crl.Misc.No.4/2024 dtd:
30.8.2024 on IA filed under Section 19 R/w Section 23 of Protection of Women from Domestic Violence Act, is hereby set aside.22 Crl.Appeal No.25333/2024
The matter is remitted back to the Trial Court to consider both the applications afresh and to give an opportunity to the Appellant herein to submit his objections to both applications and to place documents with assets and liabilities affidavit before the Trial Court, and address arguments on main petition at the earliest.
Till disposal of the above two applications on merits, the Appellant is hereby restrained from aiding, abutting or causing any sorts of domestic violence on the Respondent or her dependents or other relatives or any person who give assistance to her till passing considered orders on the application filed under Section 18 R/w Section 23 of Protection of Women from Domestic Violence Act.
By considering the nature of the case and the dispute involved in this case, both parties shall co-operate the Trial Court for early disposal of both the applications on merits.
Send the copy of this order to the Trial Court for its reference.
23 Crl.Appeal No.25333/2024Both parties shall attend before the Trial Court on 20.5.2026 without expecting any notice from the Trial Court.
(Dictated to the Stenographer, typed by her, corrected and then pronounced by me, in the open court on this the 2nd day of May 2026.) Digitally signed by NARAYANAPPA NARAYANAPPA SRIPAD SRIPAD Date: 2026.05.04 10:38:41 +0530 [Sri. Sreepada N] LXXII Addl. City Civil & Sessions Judge, Bengaluru. (CCH-73).