Domestic violence complaints cannot be quashed merely because they arise during concurrent divorce proceedings, as factual determinations must be resolved by the appropriate forum.

COMMON ORDER

These revisions have been filed by the husband, who is facing proceedings in DVA.No.86 of 2023 (CRP.No.2414 of 2023) and by the parents- in-law of the respondent in the very same DVA proceedings (CRP.No.2418 of 2023), pending on the file of the Special Court to try cases under Protection of Women from Domestic Violence, Coimbatore. The said domestic violence complaint has been initiated by the respondent, wife of the petitioner in CRP.No.2414 of 2023 and daughter-in-law of the petitioners in CRP.No.2418 of 2023.

2.I have heard Mr.V.Raghavachari, learned Senior Counsel for Mr.N.C.Ashok Kumar, learned counsel for the petitioner in CRP.No.2414 of 2023, Mr.N.C.Ashok Kumar, learned counsel for the petitioners in CRP.No.2418 of 2023 and Mr.A.K.Sriram, learned Senior Counsel for Mr.A.Selvendran, learned counsel for the 1^st respondent in both CRPs.

3.Mr.V.Raghavachari, learned Senior Counsel for the petitioner would state that the 1^st respondent and the petitioner in CRP.No.2414 of 2023 are husband and wife and the husband has already initiated proceedings for divorce and there is also an order for payment of interim maintenance, which is being promptly paid to meet the expenses of the minor child. According to the learned Senior Counsel for the petitioner, the domestic violence proceedings were initiated after the filing of the HMOP and clearly amounts to a counter blast to the said proceedings. The learned Senior Counsel would state that there is also a guardian OP that has been filed by the petitioner and both the HMOP and the GWOP were filed in March 2023 and after receiving summons in these proceedings, the respondent has proceeded to file domestic violence complaint on 18.05.2023, at Coimbatore.

4.The learned Senior Counsel, Mr.V.Raghavachari, would further state that the allegations of illicit relationship between the 1^st respondent and strangers have been made in the HMOP and photographs were also relied on by the learned Senior Counsel to fortify his contention that the 1^st respondent's character is not of good moral standing. He would further state that the petitioner is from a very reputed family and are well known in the business circles as well and without any basis and prior complaint, the respondent has chosen to file a domestic violence complaint, blowing hot and cold, only in order to bring down the reputation of the petitioner family. He would invite my attention to the documents that were filed along with the domestic violence complaint and contend that not even a prima facie case has been made out for the domestic violence complaint being even taken on file.

5.Mr.N.C.Ashok Kumar, the learned counsel for the petitioners in CRP.No.2418 of 2023 would state that the matrimonial home is far away from the residence of the parents-in-law, who stayed at Madurai and he would also adopt the submissions made by the learned Senior Counsel, Mr.V.Raghavachari. He would also take me through the order passed by the Hon'ble Division Bench of this Court, which was in respect of the guardian OP proceedings, where the Hon'ble Division Bench has held that the respondent has filed applications for interim maintenance, only to feed her ego and is attempting to misuse judicial process for such purpose. The learned counsel would point out that the appeals filed by the respondent were dismissed with co