IMPORTANT POINT
The court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred by the husband/petitioner praying for quashing of proceedings in connection with GR No. 2992 of 2016 arising out of Baguiati Police Station Case no. 712 of 2016 dated 14.07.2016 under Section 498A of the Indian Penal Code, 1860 presently pending before the Court of the Learned Chief Judicial Magistrate, Barasat Court, Barasat, North 24 Parganas including the Charge Sheet being No. 1365/16 dated 30.11.2016 under Section 498A of the Indian Penal Code, 1860 filed against the Petitioner herein and Order dated 04.07.2018 whereby the Learned Chief Judicial Magistrate was pleased to take cognizance upon Charge Sheet No. 1365/16 dated 30.11.2016 under Section 498A of the Indian Penal Code, 1860 against the Petitioner herein.

2. The petitioner is a doctor by profession and his wife/opposite party no.2 has filed the complaint in the proceeding in this case.

3. The Petitioner states that the allegations as leveled against the Petitioner herein are to the effect that:-

The Petitioner had been creating disturbance into the peaceful possession of a flat wherein the Opposite Party No.2 has been residing along with the children, thereby inflicting mental torture upon the Opposite Party No.2. The Opposite Party No.2 has further alleged that the Petitioner has threatened the Opposite Party No.2 in her own home to remove her from the said flat and has been boastful about the power he holds in the society and that the same can be used to harass the Opposite Party No. 2.

It has been further stated the Petitioner herein did not look after his children and did not bear any expenses of his children’s education and other things and that the Petitioner visited the Opposite Party No.2’s flat several times and quarreled with her and threatened her. It has also been stated in the Charge Sheet that when the accused person herein went to meet his children at another flat where the Opposite Party no. 2 is residing with the children, the Opposite Party no. 2 had driven him out of the flat.

4. The marriage between the parties in this case was solemnized on 02.06.1990. From the said Wedlock, two daughters and a son were born to the parties, namely Annie Arya, now aged about 24 years and working for gain at Mumbai after completing her L.L.B. from Bhubaneswar, Orissa. The younger daughter namely Jasmine Arya, now aged about 20 years is studying in Mumbai and Tejas Arya, now aged about 17 years is old studying in Kolkata.

5. The Petitioner went to England with his wife and elder daughter in the year 1994 for further higher doctors’ degree and came back in 2001.

6. The constant bickering of the Opposite Party No.2 for money compelled the Petitioner to leave his own house and since then i.e. since 7 years, the Petitioner has been living in a different apartment at Club Town Enclave, South Block, Flat 6/2F, Chinar Park, Ataghara, Kolkata – 700157 with his mother.

7. That all the expenses for the education and maintenance of the children have been borne by the Petitioner. The petitioner has been paying maintenance to the Opposite Party No. 2 as well as the household expenses.

8. Application for judicial separation and custody of the children has been filed by the petitioner.

9. Application for maintenance has been filed by the Opposite Party No. 2.

10. The daughter of the parties namely Annie Arya in her application for relinquishment of her claim of maintenance has stated as follows in petition:-

i) The Petitioner No.2/Annie Arya states that there is a long standing matrimonial dispute by and between her mother Smt. Neelam Arya and her father Dr. Ajay Kumar Arya.

ii) The Petitioner No.2/Annie Arya further states that though there are some differences in disputes by and between the parent of the present Petitioner No.2 /Annie Arya, the father of the Petitioner No.2/Annie Arya namely Dr. Ajay Kumar Arya never forgets his emotional and financial responsibilities towards his daughter who is