HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5194 OF 2012 Dated 12-9-2014 Between:
Chilla Mani Kumar and others.
..Petitioners.
And:
State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another.
..Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5194 OF 2012 ORDER:
This petition is filed to quash D.V.C.No.26 of 2011 on the file of the II Additional Judicial First Class Magistrate, Bhimavaram ,West Godavari District.
Heard both sides.
The main arguments advanced on behalf of petitioners is that D.V.C. is not maintainable since there is no domestic relationship as on the date of filing of the petition and continuation of proceedings would amount to abuse of process of court.
Learned advocate for petitioners submitted, this court in A.SRINIVASA RAO Vs. STATE OF ANDHRA
[1]
PRADESH ( ) held that when the marriage was
dissolved by the date of filing of Domestic Violence petition such application is not maintainable as there was no jural relationship of husband and wife between the parties as on the date of filing of petition and therefore, proceedings in D.V.C.No.26 of 2011 have to be quashed.
On the other hand, advocate for second respondent submitted that simply because there was a divorce, she cannot be deprived of certain legal rights which she can enforce under the Act also, like maintenance right in the shared house etc. He further submitted that the relief claimed by the second respondent is to provide residence, monthly maintenance, return of ornaments and compensation and that she cannot be deprived of these rights simply because there was a divorce.
He further submitted that decision relied on by the advocate for petitioners is not applicable because in that case, the allegations of Section 498-A I.P.C. were re-iterated in D.V.C. also in those circumstances, this court held that such an application is not maintainable.
He further submitted that this court in MOHIT YADAM AND ANOTHER v. STATE OF ANDHRA
[2]
PRADESH AND OTHERS ( ) clearly held that even if
the provisions of Domestic Violence Act can have retrospective operation as it is a beneficial legislation.
Now the point that would arise for my consideration in this petition is with regard to maintainability of D.V.C. pending before the II Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District.
POINT:
According to petitioners, since marriage between first petitioner and second respondent is dissolved by a decree of divorce in January, 2005, the application invoking the provisions of the Act is not maintainable. Petitioners mainly relied on decision of this court 1st cited wherein it is observed that once a divorce is obtained from the family court, there was no jural relationship of husband and wife between the parties, therefore, the provisions of the Act are not applicable. But as rightly pointed out by advocate for second respondent, when a divorced wife has got certain legal rights like maintenance and share in the property etc., which she can enforce even after separation, the reliefs claimed n the D.V.C. have to be seen for considering maintainability.
In the decision 2nd cited, this court while interpreting provisions of the Act held that the reliefs available under the Act may also be claimed before the civil court, family court or criminal court and even if the acts of violence, alleged were prior to the Act came into force, they shall also come under the meaning of domestic violence and can be enforced under the provisions of the Act. It is also observed in that decision, there is no punishment like conviction and sentence provided in the Domestic Violence Act.
Since the reliefs claimed in this application are for maintenance, damages and right in the shared house, I am of the view that as per the decision of this court in 2nd cited, this petition is very much maintainable and therefore, objection of the petitioners is not tenable.
As seen from the petition, only the first petitioner is husband and the other petitioners are relatives of the husband and since the enquiry under Domestic Violence Act has to be completed within a stipulated time, I feel by directing the court below to expedite enquiry by dispensing with the presence of the petitioners 2 to 7, this petition is liable to be dismissed.
Accordingly, this Criminal Petition is dismissed directing the court below to expedite the enquiry and dispose of D.V.C. within three months from the date of receipt of copy of this order by dispensing with the presence of the petitioners 2 to 7 for each and every date of adjournment.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 12-9-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.5194 OF 2012 Dated 12-9-2014
[1] 2011 (2) ALD (Crl.) 191 (A.P)
[2] 2010 (1) ALD (Crl.)