* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 23^rd January, 2025 Pronounced on: 30^th April, 2025 + CRL.M.C. 1453/2018 & CRL.M.A. 5279/2018 (stay)

1. SUNIL KUMAR JAIN SON OF LATE SHRI J.P. JAIN R/O K-19, SECOND FLOOR (BACK)

KAILASH COLONY, NEW DELHI. .....Petitioner No.1.

2. SHRI ASHOK KUMAR JAIN SON OF LATE SHRI J.P. JAIN R/O K-16A, KAILASH COLONY, NEW DELHI. .....Petitioner No.2.

3. SMT. MAMTA JAIN, W/O SHRI ASHOK KUMAR JAIN R/O K-16A, KAILASH COLONY, NEW DELHI. .....Petitioner No.3.

4. SHRI ANIL KUMAR JAIN SON OF LATE SHRI J.P. JAIN R/O K-6A, KAILASH COLONY, NEW DELHI. .....Petitioner No.4.

5. SMT. SANGEETA JAIN W/O SHRI ANIL KUMAR JAIN R/O K-6A, KAILASH COLONY, NEW DELHI. .....Petitioner No.5.

6. SMT. JAI MALA JAIN W/O LATE SHRI J.P. JAIN K-16A,KAILASH COLONY, NEW DELHI. .....Petitioner No.6.

Signature Not Verified Signed By:VIKAS Through: Mr. Rohit Gandhi, Mr. Hargun Singh Kalra and Mr. Surender Sheoran, Advocates.

versus

1. ANITA JAIN W/O. SHRI SUNILJAIN R/O S-459, GREATER KAILASH PART II, NEW DELHI -110048. .....Respondent No.1

2. MS. PRACHI JAIN D/O SHRI SUNIL KUMAR JAIN, R/O S-459, GREATER KAILASH PART II, NEW DELHI -110048 .....Respondent No.2 Through: Mr. Anukrit Gupta, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The Criminal Miscellaneous Petition under Section 482 Code for Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed by the Petitioners, to challenge the Order dated 28.02.2018 of the learned ASJ, New Delhi under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “DV Act”) upholding the Order of the learned Metropolitan Magistrate dated 17.04.2017 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “D.V. Act”), whereby the Application of the Petitioners for medical examination of the Respondent No. 1, was dismissed.

Signature Not Verified Signed By:VIKAS

2. Briefly stated, the Petitioner No.1/Mr. Sunil Kumar Jain got married to the Respondent No. 1/Ms. Anita Jain on 08.07.1992. One daughter, Ms. Prachi Jain/Respondent No. 2 was born from their wedlock on 23.06.1999. The Respondents left the matrimonial home and moved along with her belongings, to the parental homeon 17.04.2014.

3. The Respondent filed a Complaint No. 1765/3/14 under Section 12 D.V. Act against the Petitioners, through her father, Late Sh. S.C. Jain, on the ground that she was suffering from certain mental disorders and was a nervous wreck at that time. The documents of her mental illness and also the affidavit of father of the Respondent No. 1, was annexed along with the Petition. An objection was taken by the Petitioner in regard to the maintainability of the Petition, filed through father of the Respondent No. 1, without him being appointed as a guardian under Mental Health Act. Thereafter, in the Appeal No. C.A. 26/2014 under Section 29 D.V. Act, filed by the Petitioners before the Court of Sessions Judge, New Delhi.The father of Respondent No. 1 withdrew the Petition with liberty to file the same afresh, as per law. The Complaint was accordingly withdrawn on

18.12.2014.

4. Respondent No. 1 thereafter, filed a fresh second Complaint Case No. 61941/2016 under Section 12 D.V. Act under her own signatures, on the premise that she has recovered from mental illness and was competent to sign the second Petition filed in December, 2014. The Medical Certificate dated 14.07.2014 was filed wherein Dr. Tina Gupta, M.D. Psychiatry, (AIIMS), New Delhi had prescribed a tablet „Depakote‟ for the Respondent No. 1 to treat Manic Episodes related to Bi-Polar Disorder (Manic Depression).

Signature Not Verified Signed By:VIKAS

5. The Petitioner has asserted that the medical documents and the Certificate annexed by Respondent No. 1, indicate that the problem of the Respondent No. 1 was greater than the ordinary nervous breakdown as claimed by Respondent No. 1. Moreover, the Protection Offic