V. MURALIDHAR Vs. SANDHYA

JUDGEMENT

(1.) The question involved in this petition filed under Sec. 482 Cr.P.C. is whether limitation as prescribed under Sec. 468 Cr.P.C is applicable to an application made under Sec. 12 of Protection of Women from Domestic Violence Act ('Act' for short). The factual background necessary for disposal of this petition is as follows:

(2.) The petitioner is the husband of the first respondent and their marriage was solemnized on 25/9/2017. The second respondent is their daughter, she was born on 17/9/2018. On certain allegations that the petitioner and his family members subjected the first respondent to physical and mental harassment, the latter left her matrimonial home one month before the second respondent was born. The first respondent took recourse to legal proceedings to claim maintenance from the petitioner under Sec. 125 Cr.P.C., besides lodging an FIR against him in Cr.No.106/2019 for the offences punishable under Sec. 498-A of IPC and Ss. 3 and 4 of Dowry Prohibition Act read with Sec. 34 IPC. She also made an application under Sec. 12 of the Protection of Women from Domestic Violence Act (for short 'the Act') claiming various reliefs. The learned Magistrate before whom the application under Sec. 12 of the Act is pending passed an order on 15/2/2021 granting interim maintenance of Rs.10,000.00 to the respondents. The petitioner has challenged this order and has also sought quashing of the proceedings in Crl.Misc.No.24/2021 initiated under Sec. 12 of the Act.

(3.) I have heard the arguments of Sri. H.P. Leeladhar, learned counsel for the petitioner and Sri. L.V. Muralidhara, learned counsel for the respondents.