Document Fragment View

Matching Fragments

has filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act 2005 against the husband and against her in-laws.

It has been argued before this court that the marriage took place on 06/05/2009 and a child was born on 06/02/2011. Thereafter, the wife is not residing with the husband and therefore, an application was preferred under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The same was allowed. A judgment and decree was passed on 30/11/2012. Inspite of the aforesaid judgment and decree, as the wife was not residing with the husband, a divorce petition was filed under Section 13 of the Hindu Marriage Act, however, the same was dismissed on 13/01/2014. FIR was also lodged on 17/10/2011 for offences punishable under Section 498A and 506 of I.P.C and the present petitioners came up before this court by filing a petition under Section 482 of Code of Criminal Procedure and this court by an order dated 24/07/2014 passed in M.Cr.C. No. 715/2013 has quashed the FIR and subsequent proceedings. The present complaint has been filed on 23/12/2014, meaning thereby after the FIR was quashed by this court in respect of offences punishable under Section 498A and 506 of the IPC. It has also been brought to the notice of this court that a petition was also preferred under Section 125 of the Code of Criminal Procedure and the court has granted maintenance to the tune of Rs. 4000/- per month by an order dated 22/08/2014.

The Monetary relief as stipulated under Section 20 is different from maintenance, which can be in addition to an order of maintenance under Section 125 of the Cr.P.C. Or any other law. Such monetary relief can be granted to meet the expenses incurred and losses suffered by the aggrieved person and child of the aggrieved person as a result of the domestic violence, which is not dependent on the question whether the aggrieved person, on the date of filing of the application under Section 12 is in a domestic relationship with the respondent.

30. In the present case, the alleged domestic violence took place between January, 2006 and 6 th September, 2007 when FIR No. 224 of 2007 was lodged by the appellant under Section 498A and 406 IPC against the 1st respondent and his relatives. In a writ petition filed by 1st respondent the High Court refused to quash the said FIR against him observing that prima facie case under Section 498A was made out against him. Even if it is accepted that the appellant during the pendency of the SLP before this court has obtained ex-parte Khula (divorce) under the Muslim personal Law from the Mufti on 9th May, 2008, the petition under Section 12 of the Domestic Violence Act, 2005 is maintainable.