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2012 Supreme(MP) 838

MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
R.C.Mishra, J.
Rama Singh - Appellant
Versus
Maya Singh and others - Respondent
Misc. Cri. Case No. 2231-2012
Decided On : 15-05-2012

Advocates Appeared:
Appearances :Mr. Mukesh Mishra, Advocate for the Petitioner
Mr. Saurabh Shrivastava, Advocate for the Respondents.

Judgement Key Points

Certainly. Here are the key points extracted from the provided legal document:

  • The case involves a petition under Section 482 of the Criminal Procedure Code seeking to quash pending proceedings related to a complaint under the Protection of Women from Domestic Violence Act (!) .

  • The respondent is the wife of Rahul Singh, with whom she married in 2000, and they have two daughters. The marriage was an inter-caste love marriage (!) .

  • Post-marriage, the respondent and her husband started residing separately from the petitioners, who are the parents and relatives of Rahul Singh (!) .

  • The petitioners are senior citizens, and no specific recent incidents of domestic violence were detailed in the application; most allegations pertain to acts prior to the enactment of the Act (!) .

  • The legal argument includes that the application under Section 12 of the Act is not maintainable against petitioner Nos. 3 and 4, who are Rahul Singh's sisters, based on the definition of 'adult male person' in the Act (!) .

  • The respondent's counsel argued that there are no grounds to interfere with the proceedings and that the respondent was compelled to approach the court under the provisions of the Act (!) .

  • The petitioners contended that proceedings were initiated maliciously, possibly as an act of vengeance related to disputes over property inheritance and ownership (!) .

  • The court clarified that relatives of the husband, including female relatives, can be arrayed as respondents in proceedings under the Act, referencing the relevant legal interpretation (!) .

  • The allegations of cruelty and harassment cited by the respondent include caste differences, dowry demands, and inability to produce a male child, but these are not recent incidents, and no detailed recent violence was demonstrated (!) (!) .

  • The application lacked details of recent incidents of domestic violence and failed to explain the delay in filing the application since the Act's commencement (!) .

  • The order directing issuance of notice was passed without considering the report from the Protection Officer, which was a procedural oversight, as the law requires such reports to be taken into account before passing any order (!) (!) .

  • The court emphasized that even accepting the allegations at face value, the petitioners' residence separate from the respondent during the relevant period negates justification for initiating proceedings against them, aligning with legal principles that prevent harassment when parties are living separately (!) .

  • Consequently, the court allowed the petition and quashed the proceedings, citing lack of merit and procedural deficiencies (!) .

  • The case was disposed of with the appropriate orders and rules for the record (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on this document.


JUDGMENT :

 

Documentsfiled along with memo No. 655/12 are taken on record. Arguments heard.

2.This is a petition, under Section 482 of the Code of Criminal Procedure (forshort 'the Code'), for quashing the proceedings, pending 45 MJC No. 314/1 1 inthe Court of Smt. Usha Tiwari, JMFC, Bhopal.In that case, notices have been issued to each one of the petitioners to showcause as to why the reliefs as prayed for by therespondent in her application, under Section 12 of the Protection of Women fromDomestic Violence Act, 2005 (for short 'the Act') should not be granted.

3.According to the petitioners, proceedings are apparently an abuse of theprocess of the Court in view of the following facts :-

(i) Marriage of the respondent was solemnisedwith Rahul Singh, son of petitioner Nos. 1 and 2 andbrother of other petitioners on 11-9-2000in the Arya Samaj Mandir in Bhopalas it was an inter-caste love marriage. In the wedlock, they are blessed withtwo daughters.

(ii)Soon after the marriage, the respondent and her husband started residingtogether separately from the petitioners.

(iii)The petitioner Nos. 1 and 2 are senior citizens.

(iv) No specific incident of domestic violence wasillustrated in the application and most of the alleged acts of domesticviolence related to the period prior to the date with effect from which the Actwas brought into force.

4.Coming to the legal aspect of the matter, learned Counsel for the petitionershas urged that the application, under Section 12 of the Act, is notmaintainable against petitioner Nos. 3 and 4, who are the sisters of Rahul, for the reason that the respondent, as defined inclause (q) of Section 2 of the Act, means only adultmale person.

5.Per contra, learne

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