SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Mad) 2424

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N. MANJULA, J.
Dr. Kirubakaran & Others - Appellant
Versus
Dr. S. Priyadarshini & Another - Respondent
C.R.P (PD). No. 1589 of 2022 & C.M.P. No. 7991 of 2022
Decided On : 02-08-2022

Advocates appeared:
For the Petitioners:R. Radha Pandian, Advocate. For the Respondents:R1, Anuradha, T. Surendran, Advocate.

The Domestic Violence Case can be maintainable only against the accused directly involved in the domestic violence and not against the in-laws or relatives who are not directly responsible for the violence.

Headnote:

Domestic Violence - Allegations against In-laws - Domestic Violence Act - [Domestic Violence] - [Domestic Violence Act, Section 12] - The court held that the Domestic Violence Case was maintainable only against the second respondent (husband) and not against the in-laws or the sister-in-law of the first respondent. Therefore, the proceedings in Domestic Violence Case No.5 of 2022 were struck off as against the revision petitioners.

Fact of the Case:

The first respondent, wife, alleged domestic violence and ill-treatment by her husband, his parents, and his sister. She filed a complaint under the Domestic Violence Act seeking protection order and compensation.

Finding of the Court:

The court found that the Domestic Violence Case was maintainable only against the second respondent (husband) and not against the in-laws or the sister-in-law of the first respondent. Therefore, the proceedings in Domestic Violence Case No.5 of 2022 were set aside as against the revision petitioners.

Issues: Allegations of domestic violence, maintainability of the Domestic Violence Case against the in-laws and sister-in-law of the first respondent.

Ratio Decidendi: The court held that based on the allegations and averments made in the petition of the first respondent, the Domestic Violence Case can be maintainable only against the second respondent and not against the in-laws or the sister-in-law of the first respondent.

Final Decision: The Civil Revision Petition stands allowed and the proceedings in D.V.Case No.5 of 2022, on the file of the Hon'ble Judicial Magistrate, Sriperumbudur, against the petitioners, is set aside. No costs. Connected miscellaneous petition is closed.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the proceedings in D.V.Case No.5 of 2022, on the file of the Hon'ble Judicial Magistrate, Sriperumbudur, against the petitioners.)

1. This Civil Revision Petition has been preferred to set aside the proceedings in D.V.Case No.5 of 2022, on the file of the Hon'ble Judicial Magistrate, Sriperumbudur, against the petitioners.

2. Heard the learned counsel for the petitioners as well as the learned counsel for the respondents and perused the materials available on record.

3. The revision petitioners are the respondents 2 to 4 in D.V.Case.No.5 of 2022, filed by the petitioner; the second respondent is the husband of the first respondent; according to the complaint given by the first respondent / wife, she was tortured by her husband, his parents and his sister; the marriage between the first respondent and the second respondent was held on 01.09.2019 at Tiruttani; both the respondents are doctors by profession; the second respondent's father who is the first revision petitioner is also a doctor; the sister of the second respondent who is the third revision petitioner, is also a medical practitioner; it is alleged by the first respondent / wife that she was illtreated by the second respondent and the revision petitioners and made her to do menial works, though the maids are available at the matrimonial home; at some point of time, the third petitioner even manhandled and abused her that she would terminate the pregnancy of the first respondent.

4. It is further alleged that the first petitioner tried to sexually abuse the first respondent and when it was informed to the second respondent and the second revision petitioner (husband and mother-in-law), the second respondent convinced her and assured to move out with her to a separate premises; the second respondent had taken away the jewels of the first respondent and kept it in a separate locker which is jointly operated by the revision petitioners 1 to 3; the first respondent was not allowed to enter into the kitchen to cook anything at her option; but, she was made to do other menial works surrounding the house; it is also alleged that the revision petitioners along with the second respondent, demanded three crores as dowry by taking advantage of the fact that the first respondent is the only daughter to her parents.

5. On 24.03.2020, the first respondent asked her parents to take her back to their house; thereafter, the second respondent reduced his communication with her; even at the time when the first respondent delivered a baby, the second respondent was not available with her and stayed back at his home by listening to the advice of his mother; in the month of April 2021, the second respondent / husband came to the mother's house of the first respondent and asked her to leave the baby and accompany him; during June 2021, he sent a summons by filing a case in HMOP No.2620 of 2021, for restitution of conjugal rights; thereafter, the first respondent appeared in the Court and the matter was sent to Lok Adalat; subsequent to certain negotiation, on 13.12.2021, the parents and elders left the first respondent in the house of the second respondent; thereafter, the second respondent once again started to behave rudely to her.

6. According to the first respondent, the second respondent was not kind to the child and locked the baby inside the room; the second respondent was also in the habit of having narcotic substance like Ganja and other narcotic drugs for his use; when this was found by the first respondent, he got mad and assaulted her badly; thereafter, on the information given to her parents, they came and took her to the Savitha Medical College and Hospital and in the Hospital, police came and enquired her; however, the first respondent did not want to take any legal action against the second respondent for the sake of family peace; but the first revision petitioner had give

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top