HAMED ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has preferred this writ petition seeking to quash the order of cognizance dtd. 20/6/2016 taken by III Additional First Civil Judge (Jr. Dn.) and JMFC, Mysuru in Crl.Mis.No.160/2016 for the offence punishable under the provisions of protection of Women from Domestic Violence Act, 2005 (for short 'the Act')-

(2.) Brief facts leading to filing of this petition are as under: Petitioner is a retired District Registrar and claims to be senior citizen, aged 64 years. He got married to second respondent, Smt.Gulnaz Begum on 3/2/1991 at Mysuru. Three sons are born from the said wedlock. At the time of marriage, petitioner was working as a probationary Sub-Registrar. Pursuant to marriage, according to petitioner, second respondent was cruel, adamant in nature and not cooperative and created obstructions for peaceful marital life. Despite all these acts committed by second respondent, petitioner started tolerating all misbehaviour of second respondent in order to lead a peaceful marital life. After having spent 19 years of married life together with second respondent, there was no change in the attitude and behaviour of second respondent. Inspite of several panchayats conducted wherein elders had advised second respondent to mend her character and live a peaceful married life considering their children born from the marriage, she continued her adamant behaviour.

(3.) Petitioner made valiant attempt to save the marriage with second respondent, but in view of adamant behaviour of second respondent both petitioner and second respondent agreed to dissolve their marriage by way of 'Khula Nama' and accordingly, marriage solemnized between petitioner and second respondent came to be dissolved by 'Khula Nama' on 7/11/2009 before elders and family members. Ever since then, there is no connection with second respondent.