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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. SIVAGNANAM, J.
P. Damodaran & Others - Petitioners
Versus
Anjali @ Malaikolundu Anjalai - Respondent
C.R.P. No. 3988 of 2023 & C.M.P. Nos. 24491 & 24492 of 2023
Decided On : 15-03-2024
Domestic Violence - Property Dispute - Protection of Women from Domestic Violence Act 2005 (43 of 2005) - Section 12, 18, 19, 20, 22 - The court quashed the Domestic Violence case as it found it to be a clear case of misuse of process of law and abuse of process of law. The court held that no prima facie case was made out for taking cognizance under the Domestic Violence Act and that the allegations were vague and general in nature.
Fact of the Case:
The petitioner filed a Civil Revision Petition to quash the proceedings in a Domestic Violence case pending on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore. The respondent, who is the estranged wife of the petitioner, filed a Domestic Violence complaint against the petitioner and others, alleging mental torture, economic, verbal, emotional, and various other forms of domestic violence.
Finding of the Court:
The court found that the Domestic Violence case was a clear case of misuse of process of law and abuse of process of law. It held that no prima facie case was made out for taking cognizance under the Domestic Violence Act and that the allegations were vague and general in nature.
Issues: The issues involved in the case were whether the Domestic Violence complaint was maintainable, whether the allegations made in the complaint constituted an offence under the provisions of the Protection of Women from Domestic Violence Act, and whether the petition to quash the Domestic Violence case had merit.
Ratio Decidendi: The court's decision was based on the finding that the allegations in the Domestic Violence complaint were vague and general in nature, and that no prima facie case was made out for taking cognizance under the Domestic Violence Act. It also considered the misuse of process of law and abuse of process of law in reaching its decision.
Final Decision: The Civil Revision Petition was allowed, and the Domestic Violence case was quashed. Consequently, connected miscellaneous petitions were closed with no costs.
JUDGMENT :
(Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India to call for the records pertaining to the proceedings in DVC No.117 of 2023 pending on the file of Special Court for Trial of Domestic Violence Act Cases at Coimbatore and to quash the same.)
1. This Civil Revision Petition has been filed to quash the proceedings in DVC.No.117 of 2023 pending on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore.
2. According to the petitioners, the first petitioner got married the respondent herein on 07.05.1975 at Tirumalai Tirupathi Devestanam Temple, in accordance with Hindu Rites and Customs. Out of the wedlock 3 children, viz. Usha(2nd petitioner), Uma and Sreenivasan were born. The first petitioner married one Devaki and the third petitioner herein born through her. The said Devaki died on 03.12.1995. The first petitioner is carrying on various business and he was also doing wet grinder business under the name and style of Bakyalakshmi wet grinders at Coimbatore. From and out of the income derived from his business, he has purchased numerous properties in and around Coimbatore. The first petitioner has settled the properties in favour of the petitioners 2 and 3 and had purchased several properties out of his own income in favour of his other children. Since the first petitioner has settled the property situates at Bagyalakshmi Complex No.108, NSR, Road, Saibaba Colony, Coimbatore in favour of the petitioners 2 and 3, the respondent has started to give various problems to the petitioners and she has also made a false complaints with the police. At the instigation and inducement of her son Sreenivasan, the respondent on ill advice filed the Domestic Violence case as against the petitioners to force the first petitioner to give the property to her. The respondent herein had filed application under Section 12 of the Protection of Women from Domestic Violence Act 2005 (43 of 2005) against the revision petitioners herein and prays to grant the following reliefs :
For permanent injunction restraining the defendant Nos.2,3, and 4 on the basis of the settlement deeds dated 02.02.2022 registered as document Nos.420/2022 & 421/2022 on the file of the Sub-Registrar Office, Peeelamedu, Coimbatore from mortgaging, or alienating or encumbering the suit property in any manner whatsoever.
b. Restraining the 1st respondent as per Section 18 and 19 not to alienate or encumber the shared house Door No.108, NSR Road, Bagyalakshmi Complex, Saibaba Colony, Coimbatore – 641 011.
c. Directing the 1st respondent to give monetary relief amount to Rs.1,00,000/- per month to the petitioners as claimed as provided under Section 20 of the Act.
d. Directing the respondents to return the jewells to the petitioner 66 sovereign gold jewells belonging to them under Section 19(8) of Domestic Violence Act.
e. Directing the respondents to pay a compensation of Rs.25,00,000/- to the petitioner under Section 22 of the Act towards mental torture and emotional distress assaults on the petitioner caused by the acts of domestic violence by the respondents and other reliefs.”
To quash the said application, the present Civil Revision has been filed.
3. The learned counsel for the petitioner submitted that the Domestic Violence Case filed by the respondent herein, who is estranged wife of the first petitioner, is a clear case of abuse of process of law. The learned magistrate erred in taking cognizance on the complaint, which is purely a property dispute and the same is not in accordance with law. The respondent herein, who is aged about 73 years, has filed the Domestic Violence complaint not only against the first petitioner/husband, who is aged about 74 years and also against the second petitioner, who is her own daughter and the the third petitioner, who is her step-son. The impu
The main legal point established in the judgment is that vague and general allegations in a Domestic Violence complaint, without prima facie evidence, may lead to the quashing of the case as a misuse....
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 vi....
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