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{{Short description|Indian judge}}
{{Use dmy dates|date=June 2022}}
{{Use Indian English|date=June 2022}}
{{Infobox officeholder
| name = Roshan Dalvi
| office = [[Judge]] of the [[Bombay High Court]]
| term_start = June 2005
| term_end = 6 November 2015
| nominator = [[Ramesh Chandra Lahoti]]
| appointer = [[A.P.J. Abdul Kalam]]
| alma_mater = [[Mumbai University]]
| honorific_prefix = Hon'ble Ms. Justice (Retd.)
}}
'''Roshan Dalvi''' is a former judge of the [[Bombay High Court]], in [[Maharashtra]], [[India]].<ref name=":0">{{Cite web|last=|first=|date=|title=Hon'ble Former Justices: Smt. R. S. DALVI|url=https://bombayhighcourt.nic.in/jshowpuisne.php?bhcpar=amdldGlkPTM4NSZwYWdlbm89MjA=|archive-url=|archive-date=|access-date=|website=[[Bombay High Court]]}}</ref> As a judge, she adjudicated a number of widely reported and significant cases, including the dispute between the sons of [[Shiv Sena]] leader [[Bal Thackeray]] regarding their inheritance,<ref name=":1">{{Cite web|date=2014-01-21|title=Bal Thackeray's sons in legal row over property worth crores|url=https://indianexpress.com/article/india/india-others/bal-thackerays-sons-in-legal-row-over-property-worth-crores/|access-date=2020-11-09|website=The Indian Express|language=en}}</ref> and the challenge to a Maharashtra law forbidding dancers in bar from carrying on their profession.<ref name="Jan 18">{{Cite web|date=18 January 2019|title=Dance No Bar|url=https://mumbaimirror.indiatimes.com/mumbai/other/dance-no-bar/articleshow/67580058.cms|access-date=2020-11-09|website=Mumbai Mirror|language=en}}</ref>

== Career ==
Dalvi practiced law in Mumbai and also taught corporate law, as a visiting faculty member at the [[Jamnalal Bajaj Institute of Management Studies]] and [[Narsee Monjee Institute of Management Studies]].<ref name=":0" />

In 1989, Dalvi was appointed as a judge in the City Civil and Sessions Court in Mumbai. In 2004, she was the principal judge of the Family Court in Mumbai. She was appointed to the Bombay High Court in June 2005.<ref name=":0" />

===Notable judgements===

In 2006, Dalvi along with judge F. I. Rebello held that a law framed by the Maharashtra government to forbid dancers in bar from carrying on their profession was unconstitutional, and struck it down. Dalvi and Rebello, in a widely reported judgement, directed the state to ensure that minors were not involved in the profession, but apart from that, held that the government could not justify the prohibition on grounds of morality.<ref>{{Cite news|last=Kumar|first=Mohan|date=12 April 2006|title=HC: They dance to earn a living, its their right|url=http://archive.indianexpress.com/news/hc-they-dance-to-earn-a-living-it-s-their-right/2327/|archive-url=|archive-date=|access-date=2022-06-20|newspaper=[[The Indian Express]]}}</ref> Their ruling was upheld by the [[Supreme Court of India|Indian Supreme Court]], and an attempt to reintroduce the ban by subsequent legislation did not succeed.<ref name="Jan 18"/>

In 2010, Dalvi held that parties could not appoint representatives to conduct their cases in Family Courts in Mumbai, holding that in the absence of qualifications or guidelines about such representatives, the courts would be "overrun by any number of unqualified, unenrolled persons".<ref>{{Cite web|date=2010-02-23|title=Wife or husband's Attorney cannot appear in family courts : HC|url=https://www.hindustantimes.com/mumbai/wife-or-husband-s-attorney-cannot-appear-in-family-courts-hc/story-e8GJhOT7E9I2WsbO6A0u8N.html|access-date=2020-11-09|website=Hindustan Times|language=en}}</ref>

In 2011, Dalvi was part of a bench of five judges that held that police officers were not required to give prior notice before freezing the bank accounts of persons being investigated, holding that principles of natural justice did not apply in this case.<ref>{{Cite web|title=Notice not needed to freeze accounts: High Court|url=http://archive.indianexpress.com/news/notice-not-needed-to-freeze-accounts-high-court/765428/0|access-date=2020-11-09|website=archive.indianexpress.com}}</ref>

In 2013, Dalvi held that both parents had an equal claim to guardianship of a child in the case of divorce, and that the default guardian was not necessarily the father.<ref>{{Cite web|title=Father can't take custody of child from separated mother: HC |url=http://archive.indianexpress.com/news/father-cant-take-custody-of-child-from-separated-mother-hc/1115630/|access-date=2020-11-09|website=archive.indianexpress.com}}</ref> Also in the same year, Dalvi held in a significant ruling that complaints filed under the Domestic Violence Act can only be filed while the domestic relationship is ongoing, and not after it has ended.<ref>{{Cite web|date=2013-03-15|title=After separation of a year, wife can't file complaint under domestic violence act, says high court|url=https://www.hindustantimes.com/mumbai/after-separation-of-a-year-wife-can-t-file-complaint-under-domestic-violence-act-says-high-court/story-Wcu66TCx6QWhy3D6axbFQL.html|access-date=2020-11-09|website=Hindustan Times|language=en}}</ref>

In 2015, Dalvi convicted two persons of offences relating to fraud and corruption, in relation to the [[1992 Indian stock market scam]], and acquitted fourteen others.<ref>{{Cite web|date=2015-11-01|title=Two convicted in 1992 securities scam|url=https://indianexpress.com/article/cities/mumbai/two-convicted-in-1992-securities-scam/|access-date=2020-11-09|website=The Indian Express|language=en}}</ref> Following this conviction, several others, including Indian stockbroker, [[Harshad Mehta]], also were convicted of related offences.<ref>{{Cite web|date=2017-02-07|title=The Story of a Scam: Harshad Mehta, 1992|url=https://economictranscript.wordpress.com/2017/02/07/the-story-of-a-scam-harshad-mehta-1992/|access-date=2020-11-09|website=The Economic Transcript|language=en}}</ref><ref>{{Cite web|date=2015-11-01|title=23 years on, 2 convicted in Harshad Mehta scam|url=https://www.asianage.com/mumbai/23-years-2-convicted-harshad-mehta-scam-011|access-date=2020-11-09|website=The Asian Age}}</ref>

Dalvi has also adjudicated in a number of significant cases involving public figures, including the dispute between politician [[Uddhav Thackeray]] and his brother over property belonging to their father, the deceased Shiv Sena leader Bal Thackeray,<ref name=":1" /><ref>{{Cite web|date=2014-01-21|title=Bal Thackeray's sons in legal row over estate|url=https://www.hindustantimes.com/india/bal-thackeray-s-sons-in-legal-row-over-estate/story-MVNO0p6dhcuwy7fOtqqVSK.html|access-date=2020-11-09|website=Hindustan Times|language=en}}</ref> a case concerning assault charges against Nikhil Daswani, the heir to the Charagh Din clothing brand, and a property dispute between industrialists and business men, [[Raheja Developers|G.L. Raheja]] and [[Nusli Wadia]].<ref>{{Cite web|last=Deshpande|first=Swati|date=20 July 2012|title=Raheja wins appeal against Wadia in Malad land case|url=https://timesofindia.indiatimes.com/city/mumbai/Raheja-wins-appeal-against-Wadia-in-Malad-land-case/articleshow/15049667.cms|access-date=2020-11-09|website=The Times of India|language=en}}</ref>

=== Corruption allegations ===
In 2015, film producer Sanjay Punamiya accused Dalvi of corruption during court proceedings regarding a property dispute involving Punamiya. Punamiya stated in court that he had met Dalvi's husband, Shamim Dalvi, who had promised him a favourable order in the case in exchange for Rs.2.5 million.<ref>{{Cite web|last=Deedwania|first=Bapu|date=8 May 2014|title=You are corrupt, defendant tells judge|url=https://mumbaimirror.indiatimes.com/pagenotfound.cms?url=https://mumbaimirror.indiatimes.com/Mumbai/Crime/You-are-corrupt-defendant-tells-judge/articleshow/34795969.cms|url-status=live|archive-url=https://web.archive.org/web/20140512225122/http://www.mumbaimirror.com/Mumbai/Crime/You-are-corrupt-defendant-tells-judge/articleshow/34795969.cms|archive-date=12 May 2014|access-date=2020-11-09|website=Mumbai Mirror}}</ref> In response, Dalvi ordered Punamiya and his legal representative to be taken into judicial custody for the offence of [[Contempt of court in India|contempt of court]].<ref>{{Cite web|last=Ganz|first=Kian|date=10 May 2014|title=Bombay HC judge moves for contempt over allegation her husband offered favourable ruling for Rs 25 lakh|url=https://www.legallyindia.com/the-bench-and-the-bar/bombay-hc-judge-moves-for-contempt-over-allegation-her-husband-offered-favourable-ruling-for-rs-25-lakh-20140510-4702|archive-url=|archive-date=|access-date=|website=Legally India}}</ref><ref>{{Cite web|last=Deshpande|first=Swati|date=June 26, 2014|title=Called corrupt by defendant, HC judge says apology not enough|url=https://timesofindia.indiatimes.com/city/mumbai/Called-corrupt-by-defendant-HC-judge-says-apology-not-enough/articleshow/37208675.cms|access-date=2020-11-09|website=The Times of India|language=en}}</ref> The Bombay Lawyers' Association made a representation to the Chief Justice of the Bombay High Court, protesting against Dalvi's order of detention.<ref>{{Cite web|date=10 May 2014|first=Bapu|last=Deedwania|title=BLA concerned over judge detaining man who called her corrupt in court|url=https://mumbaimirror.indiatimes.com/mumbai/other/BLA-concerned-over-judge-detaining-man-who-called-her-corrupt-in-court/articleshow/34910670.cms|access-date=2020-11-09|website=Mumbai Mirror|language=en}}</ref> On 30 July 2015, Punamiya withdrew his complaint and offered an "unconditional apology" to Dalvi.<ref>{{Cite web|date=30 July 2014|first=Bapu|last=Deedwania|title=Film producer tenders 'unconditional apology' to Bombay HC judge|url=https://mumbaimirror.indiatimes.com/mumbai/other/Film-producer-tenders-unconditional-apology-to-Bombay-HC-judge/articleshow/39271337.cms|access-date=2020-11-09|website=Mumbai Mirror|language=en}}</ref>

== Judicial reforms ==
Following her retirement from judicial service, Dalvi has engaged in public consultations about judicial reforms in India.

In 2017, Dalvi was appointed as a member of a panel constituted by the Maharashtra government to address the trafficking and sexual exploitation of children in India The panel recommended prosecution guidelines in case of such offences, as well as the establishment of specially trained police units, and a helpline.<ref>{{Cite web|date=2017-12-14|title=Curbing sex trade: Panel of experts to submit recommendations to Devendra Fadnavis soon|url=https://indianexpress.com/article/cities/mumbai/curbing-sex-trade-panel-of-experts-to-submit-recommendations-to-devendra-fadnavis-soon-4981736/|access-date=2020-11-09|website=The Indian Express|language=en}}</ref> Dalvi has also spoken publicly about the need for distinct legislation and improved judicial infrastructure to address human trafficking.<ref>{{Cite web|date=2017-12-14|title=Experts file petition demanding anti-child trafficking units in Maharashtra|url=https://www.hindustantimes.com/mumbai-news/experts-file-petition-demanding-anti-child-trafficking-units-in-maharashtra/story-pdT8nYHRmTj2tIs2CdMEiP.html|access-date=2020-11-09|website=Hindustan Times|language=en}}</ref><ref>{{Cite news|last=Saigal|first=Sonam|date=2019-11-24|title='Technology a big challenge to tackle trafficking'|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/cities/mumbai/technology-a-big-challenge-to-tackle-trafficking/article30064707.ece|access-date=2020-11-09|issn=0971-751X}}</ref>

In 2019 she spoke at a judges' conclave on the need for better infrastructure in courts addressing crimes against children, noting that in Mumbai courts, the juvenile victim was often placed between two sets of wooden cupboards in the court in order to separate them from the accused offender.<ref>{{Cite web|date=2019-11-24|title=Judges' Conclave: 'Need courts that cater exclusively to children,' says retd Bombay HC Justice|url=https://indianexpress.com/article/cities/mumbai/judges-conclave-need-courts-that-cater-exclusively-to-children-says-retd-bombay-hc-justice-6134119/|access-date=2020-11-09|website=The Indian Express|language=en}}</ref>

== Personal life ==
Dalvi earned a [[Bachelor of Commerce]] (B.Com) and a [[Master of Laws]] (LL.M) from [[University of Mumbai|Mumbai University]]. She was appointed as a Fellow of the Government Law College in Mumbai.<ref name=":0" />

== References ==
{{Reflist}}

{{Authority control}}

{{DEFAULTSORT:Dalvi, Roshan}}
[[Category:Year of birth missing (living people)]]
[[Category:Living people]]
[[Category:Judges of the Bombay High Court]]
[[Category:20th-century Indian judges]]
[[Category:21st-century Indian judges]]
[[Category:University of Mumbai alumni]]
[[Category:20th-century Indian women judges]]
[[Category:21st-century Indian women judges]]

Roshan Dalvi - Revision history

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