ASHWANI KUMAR SINGH, J.:–This application under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) has been filed by the petitioner for quashing the entire proceeding of Domestic Violence Case No. 110 of 2015 including the order dated 22.07.2016 passed by the learned Judicial Magistrate, Patna by which ad interim relief has been granted to the opposite party no.2 whereby the petitioner has been directed to pay Rs.15,000/- per month to the opposite party no.2 for her day-to-day maintenance and to continue her studies.

2. Three important issues, which arise for determination in this case are:—

(i) Whether an ex-wife can file a complaint under the Protection of Women from Domestic Violence Act, 2005 (for short the ‘D.V. Act’) when the relationship has come to an end with a decree of divorce?

(ii) Whether an application under Section 482 of the Cr.P.C. would be maintainable for quashing a proceeding under the provisions of the D.V. Act?

(iii) Whether the provisions of Section 468 of the Cr.P.C. would be applicable in case of a proceeding under the D.V. Act?

3. Before, I proceed ahead to discuss and decide the aforesaid questions, it would be essential to briefly narrate th

Click Here to Read the rest of this document