Primary obligation under DV Act to provide residence and maintenance to aggrieved wife lies with husband; in-laws not liable for accommodation in self-acquired property where no shared household exists and husband disentitled from rights.

JUDGMENT :

Heard the learned counsel for the parties.

2. The present application has been filed for following relief(s):

‘That this present Quashing application is being filed on behalf of the petitioners before this Hon'ble High court for setting aside/quash the judgment/order dated 8.4.2024 passed in connection with Cr. Appeal No. 30/2023 which was heard along with Cr. Appeal No. 4 of 2023 (arising out of order dated 21.12.2022) passed in complaint case No.1075 of 2020 by the court of Md. Afzal Khan, J.M. 1st Class, Gaya, in proceedings under the prevention of women from domestic violence Act 2005) whereby and whereunder the Cr. Appeal No. 3 of 2023 filed by the petitioners was also dismissed along with Cr. Appeal No.4/2024. Mechanically with an option to provide a temporary residence accommodation to the aggrieved person matching to their status in society till further event as a temporary measure. The provision of alternative residential accommodation might be valued at Rs. 10,000/-per month upward.’

3. The facts giving rise to the present application is that a complaint petition was preferred by the opposite party/complainant under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for brevity, D.V. Act) before the learned C.J.M., Gaya, which was registered as Complaint Case No. 1075 of 2020. In the said complaint it was alleged, inter alia, that prior to marriage the opposite party/complainant had developed relationship with Shrey Bharti at Sikkim on the pretext of marriage, leading to registration of Malviya Nagar P.S. (Delhi) Case No. 1829/2015, which was subsequently compromised upon assurance of marriage. It was further alleged that thereafter a rented accommodation was provided at Saharanpur and that Mahila P.S. Case No. 40 of 2020 under Sections 498a, 354, 323, 504 of the IPC and section 3/4 of the D.P. Act was instituted. Alleging acts of cruelty, non-payment of rent and denial of entry into the shared household on 31.08.2020, the opposite party/complainant claimed to have returned to her maika at Gaya on 30.10.2020 and sought various reliefs under the D.V. Act. The learned C.J.M., Gaya, vide order dated 08.01.2021, took cognizance under section 190(1)(a) of the Cr.P.C. and transferred the case for enquiry and further proceedings, which has given rise to the present case.

4. Learned counsel for the petitioner submits that the learned Judicial Magistrate has passed an ex parte order dated 21.11.2022 in connection with Complaint Case No. 1075 of 2020 arising out of an application of opposite party/complainant preferred under section Section 12 of the Protection of Women from Domestic Violence Act, 2005, whereby the complaint petition under section 12 of the D.V. Act was allowed with a direction to Shrey Bharti to keep the O.P. No.2 in the matrimonial house with household facilities and further it was also directed to maintain the O.P No. 2/complainant in a dignified manner and give her Rs. 10,000 per month to meet her expenses. A further direction was issued against the petitioners not to commit any kind of domestic violence against the O.P. No.2/complainant under Section 18 of the D.V. Act. The petitioners being aggrieved and dissatisfied with the judgment and order dated 21.12.2022 preferred an appeal being Criminal Appeal No. 3 of 2023, however, the learned Additional District Judge-III, Gaya vide order dated 08.04.2024, dismissed the appeal preferred by the petitioners with an observation that the petitioner Yashpal Bharti and his family may provide a temporary residence accommodation matching to their stat