Home > DV Judgements > Gujrat HC: DV Act :Family members (respondent 2-6) may not be made to suffer for matrimonial dispute between husband and wife. Relief Granted to them

Gujrat HC: DV Act :Family members (respondent 2-6) may not be made to suffer for matrimonial dispute between husband and wife. Relief Granted to them

Gujarat High Court
Mayankkumar vs State on 28 September, 2011
Author: Rajesh H.Shukla,

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CR.MA/2422/2011 2/ 2 ORDER

 

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

 

CRIMINAL

MISC.APPLICATION No. 2422 of 2011

=========================================

MAYANKKUMAR

SURESHCHANDRA SHELAT & 5 – Applicant(s)

Versus

 

STATE

OF GUJARAT & 1 – Respondent(s)

========================================= Appearance

:

MR MAYUR RAJGURU for Applicant(s) : 1 – 6. MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, MR DAKSHESH MEHTA for Respondent(s) : 2,

=========================================

CORAM

:

 

HONOURABLE

MR.JUSTICE RAJESH H.SHUKLA

 

 

 

Date

: 28/09/2011

 

ORAL

ORDER

 

 

 

The

present application has been filed by the petitioners, who are the husband and his family members (petitioner No. 1-husband and petitioner Nos. 2-6 – family members) under sec. 482 of the Code of Criminal Procedure for quashing Complaint No. 3026/2010 under the Domestic Violence Act, 2005 pending before the Court of Metropolitan Magistrate, Court No. 1, Ahmedabad, on the grounds set out in the application.

 

 

 

2. Heard

learned advocate Mr. M. Rajguru for the petitioners and learned advocate Mr. Dakshesh Mehta for respondent No. 2.

 

 

3. In

view of rival submissions and considering the details which have been referred giving rise to various litigations and also the facts stated, it requires detailed examination and therefore the matter requires consideration. Submissions have been made by learned advocate Mr. Rajguru that it is an over implication where the complaint has been filed as and by way of abuse of the process of court.

 

 

 

4. On

the other hand, learned advocate Mr. Mehta has pointedly referred to the orders and various details stating that respondent No. 2-wife has been deprived of even legitimate right of maintenance and the husband has not cared to even remain present in the proceedings and has successfully avoided remaining present even in the execution proceedings. He has also stated that the properties have been disposed of denying the right to respondent No.2-wife.

 

 

5. However,

as could be seen, petitioner No.1-husband may be responsible for the quarrel between him and respondent No. 2 wife regarding matrimonial ties, but as it appears, prima facie, that for his defaults the family members may not be made to suffer by such further offshoots and the proceedings. In the circumstances, without any further elaboration, the following order is passed:

 

 

Rule.

Expedited. Ad-interim relief in terms of para 3(b) qua petitioner Nos. 2 to 6 (family members). It is also directed that petitioner No. 1-husband shall be obliged to deposit the amount of maintenance before he could be heard in the matter.

 

 

It

is clarified that it will be open for respondent No. 2 complainant-wife to proceed in accordance with law for recovery of the amount of outstanding maintenance from petitioner No. 1 husband.

 

 

D.S.

permitted.

 

 

 

 

 

(Rajesh

H. Shukla, J.)

(hn)

 

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