Madhya Pradesh High Court
Shakir Ali vs Arifa Bee on 6 March, 2018
THE HIGH COURT OF MADHYA PRADESH
CRR-2284-2017
(SHAKIR ALI Vs ARIFA BEE)
3
Jabalpur, Dated : 06-03-2018
Shri Ankit Saxena, learned counsel for the petitioner.
I.A. No.995/18 was allowed on 19/02/2018.
Notices have been issued to respondents No.1 to 3.
Respondents chose to remain absent despite service of notice.
sh The divorce between the petitioner and respondent No.1 has been e effected on 18/08/2008. It is submitted that, earlier two complaints were ad filed by the respondent No.1, which were dismissed. This is the third Pr complaint under the Protection of Women from Domestic Violence Act, 2005, (for brevity PWDV Act) filed before the learned JMFC, Bhopal on a 05/10/2010.
hy It has been held in the case of Inderjit Singh Grewal Vs. State of ad Punjab reported as 2011(12) SCC 588 that, under the Domestic Violence Act, complaint could be filed within a period of one year from the date of M incident.
Respondent/wife after the divorce is living separately and filed this of complaint on 05/10/2010. Respondents No.2 & 3 are no more minors.
rt According to the petitioner, they are earning members. It is claimed that, ou the respondent is living since 1993 proceeding under Section 125 of Cr.P.C. filed before the Family Court, Bhopal is also dismissed on 31/07//2007. C Considering the circumstances prevailing in the case and considering h the fact that, divorce between parties have been effected in the year 2008. ig Subsequent thereto, this complaint under the Domestic Violence Act has H been filed, the complaint is, therefore, not maintainable. Order impugned dated 17/08/2017 passed by the learned 12th Additional Sessions Judge, Bhopal and order dated 19/05/2017 passed by the learned JMFC, Bhopal, therefore, set aside.
(SUSHIL KUMAR PALO) JUDGE Digitally signed by Rashmi Ronald Victor Date: 2018.03.07 22:03:52 -08'00' RS H ig h C ou rt of M ad hy a Pr ad e sh