Bombay High Court

Bombay HC: Surekha's Domestic Violence Case Restored After Property Dispute

Updated
Feb 27, 2026 11:27 AM
bombay-hc-surekhas-domestic-violence-case-restored-after-property-dispute

Surekha Keshav Kumbhar, a 35-year-old from Pachora, Jalgaon, filed legal requests challenging the higher court's decision which overturned a previous ruling in her favor about domestic violence claims against her husband, Keshav Natthu Kumbhar. The High Court of Bombay at Aurangabad ruled in her favor on February 26, 2026.

Background of the Case

Surekha filed for a residence order under the Protection of Women from Domestic Violence Act, 2005. The initial trial court order on October 9, 2024, allowed both parties to present evidence for the residence order. However, Keshav transferred the disputed property to his nephew, Yogesh, on November 21, 2024, which Surekha claimed was to undermine her rights.

Changes and Appeals

Surekha wanted to change her application to include details of the shared household and add Yogesh as a person involved in the case. The trial court allowed this on June 12, 2025. Keshav appealed, and on December 3, 2025, the higher court overturned the trial court’s decision, saying the changes were not allowed under the DV Act.

High Court Ruling

Judge Mehroz K. Pathan looked over the case and decided on February 26, 2026, to cancel the higher court's order, bringing back the trial court's decision. The ruling emphasized:

  • Procedural Orders: The changes were about the process, not changing the main complaint, and should not be appealable.
  • Legal Precedents: Cited cases like Abhijit Bhikaseth Auti vs. State of Maharashtra supported that process-related orders are not usually appealable.
  • Property and Domestic Violence: The court clarified that the changes were necessary for solving domestic issues, not just property disputes.

Summary of Verdict

The High Court's decision allows Surekha to continue with her changes, reinforcing her right to seek justice under the DV Act. The trial court is encouraged to move the case along quickly, ensuring Surekha's claims are addressed promptly.

Tags:
Protection of Women from Domestic Violence Act
Domestic Violence
Property Rights