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DINESH KUMAR PALIWAL
Bharti RamanPandey – Appellant
Versus
Preeti Pandey – Respondent
ORDER
1. This petition under Section 482 of Cr.P.C. has been filed seeking quashment of the proceedings filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short, hereinafter referred to as the "Act of 2005") against the petitioners registered as MJC No.4508/2018 in the Court of JMFC, Bhopal.
2. As per the averments made in the petition, petitioner No.1 filed an application for dissolution of the marriage under Section 13 of Hindu Marriage Act before the Family Court Motihari, District East Champaran (Bihar). Criminal case No.111/2016 was registered and after recording of evidence of the parties marriage between petitioner No.1 and non-applicant was dissolved by order dated 07.02.2019. Petitioner No.1 has remarried and has a child out of second wedlock. The non-applicant in order to harass the petitioner and family members with a malicious intention filed a false complaint against them in Mahila Thana Bhopal. An F.I.R.No.73/2018 under Section 498-A read with Section 34 of IPC and Section 3/4 of the Dowry Prohibition Act 1961 was registered. The registration of criminal case was challenged before this Court in M.Cr.C.No.45190/2018 and this Court stayed
Proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal, thus maintainable; quashing petitions at this stage is inappropriate when prima-facie allegations exist.
The main legal point established is that for a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 to be maintainable, the respondent must be in a domestic relatio....
Denial of economic support to a divorced wife constitutes economic abuse under the DV Act, 2005, and the opposite party no. 2 could seek relief under the Act.
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