2026:CGHC:3318-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 433 of 2025

1 - Shri Prakash Singh S/o Mangal Dev Singh Aged About 46 Years

2 - Manju Singh W/o Mangal Dev Singh Aged About 47 Years

3 - Archana Singh D/o Mangal Dev Singh Aged About 42 Years All the Petitioners reside At House No. 398, Tagore Nagar, Balia City, Balia, Uttar Pradesh Pincode- 277001 ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Protection Officer, Domestic Violence (Nava Bihan) Women And Child Development Department, District- Surajpur (C.G.)

2 - Smt. Namrata Singh W/o Shri Prakash Singh Aged About 36 Years Baliya, Tagore Nagar, Uttar Pradesh Present Address Village-

Vishrampur, District- Surajpur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr.Himanshu Pandey, Advocate For Respondent : Mr.S.S.Baghel, Government Advocate No.1-State For Respondent : Mr.Anurag Singh, Advocate No.2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

20.01.2026

1. Heard Mr.Himanshu Pandey, learned counsel for the petitioners as well as Mr.S.S.Baghel, learned Government Advocate appearing for respondent No.1/State and Mr.Anurag Singh, learned counsel appearing for respondent No.2.

2. The petitioners have filed this petition with the following prayer:

“ A) That, this Hon'ble Court may kindly be pleased to issue a Writ/Order/Direction of the appropriate writ directing the quashing of the impugned proceedings under the Domestic Violence Act, 2005, initiated by way of undated complaint and Domestic Incident Report and Application dated 19.10.2022, as well as quash any and all proceedings and actions arising therefrom on the ground of abuse of process of law;

and B) That, this Hon'ble Court may kindly be pleased to issue a Writ/Order/Direction of the appropriate writ directing the quashing and setting aside of impugned order dated 26.11.2024 passed by the Ld. JMFC, Surajpur, dismissing the present Petitioners' application regarding non-maintainability of the proceedings under DV Act; and C) That, this Hon'ble Court may kindly be pleased to pass such other and further orders, as it deems fit and proper in the facts of the case, and in the interest of justice.”

3. Facts of the case are that petitioner No. 1 and respondent No. 2 were married at Balia, Uttar Pradesh, according to Hindu rites and rituals on 27.06.2018. Out of the said wedlock, two children were born, namely: elder son Aarav Singh, aged about 6 years; and younger son Arnav Singh, aged about 4 years. Soon after the birth of their first child, the behaviour of respondent No. 2 towards petitioner No. 1 and his family members became abusive, violent, dispassionate, and apathetic. Immediately after the birth of the second child, respondent No. 2 insisted that the elder son be given in adoption to her sister, Ms. Nikita Singh, who is separated from her husband and resides at her paternal home. Upon petitioner No. 1’s refusal to accede to such demand, respondent No. 2 became even more abusive and violent.

4. In or around August 2021, respondent No. 2 left the matrimonial home and went to her maternal home at Bishrampur along with the children for a period of two months, and thereafter refused to return. Petitioner No. 1 made several attempts to bring her back, but all such efforts were met with non-cooperation. On 05.03.2022, petitioner No. 1 once again went to Bishrampur to bring respondent No. 2 back to the matrimonial home. Eventually, with the intervention of third parties, respondent No. 2 returned on 07.03.2022 along with the children, subject to the express condition that petitioner No. 1 would sever all ties with his family and reside separately with her. Within two days of her return, respondent No. 2 resumed her earlier abusive behaviour. She neglected the household and the children, behaved in an inappropriate and abusive manner in public, and repeatedly threatened to commit suicide. Thereafter, multiple police complaints a