49 wp 11303 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11303 OF 2026 Anusia Richard Thoras ... Petitioner versus Balkrishnan Thirumalai Nadar and Ors. … Respondents Mr. Namit Pansare, for Petitioner. CORAM: N.J.JAMADAR, J. DATE : 13 OCTOBER 2026 P.C. 1. Heard the learned Counsel for the Petitioner. 2. The challenge in this Petition is to an order dated 12 February 2026, whereby the learned Civil Judge has ruled that the application under the provisions of Protection of Women from Domestic Violence Act, 2005, filed by the Respondent No.3 is entertainable in the Civil Suit being RCS No.73 of 2012, by invoking the provisions contained in Section 26 of the Protection of Women from Domestic Violence Act, 2005. 3. Learned Counsel for the Petitioner submitted that the Trial Court has not recorded a finding that the Petitioner – Plaintiff and Respondent No.3 were in a domestic relationship. Without recording such a prima facie finding, the Court could not have decided the issue of entertainability of the application. 4. Evidently, the trial Court has decided only the issue of entertainability of SSP 1/2 2026:BHC-AS:42040 49 wp 11303 of 2026.doc the application by reference to the provisions contained in Section 26 of the Act, 2005 and the trial Court has not delved into the merits of the application. Nonetheless, it is clarified that, while deciding the application preferred by Respondent No.3, the trial Court shall examine the maintainability of the application on the premise as to whether the Petitioner – Plaintiff and the Respondent No.3 were ever in a domestic relationship and the Respondent No.3 is entitled to the relief under the said Act, 2005, on its own merits, and in accordance with law, without being influenced by the order impugned in this Petition. 5. The Writ Petition stands disposed. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 15/10/2026 11:08:57