ABDULGHANI Vs. SHAHIN

JUDGEMENT

(1.) The petitioners, who are arraigned as respondents in Crl.Misc.No.340/2013 on the file of the II Addl. Civil Judge (Jr.Dn.) & JMFC, Gadag, which was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act', for short), approached this Court seeking quashing of the entire proceedings against them on several grounds.

(2.) At the time of submitting the arguments, the learned Counsel for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent No.1 before the learned Magistrate and the petition is not maintainable against other family members, in view of the definition under Section 2(q) of the Act. Secondly he contends that, even considering the averments made in the petition filed under Section 12 of the Act, it does not disclose any specific allegation against the other petitioners, except petitioner No.1. Therefore, he contends that the petition filed before the trial Court against these petitioners is not maintainable and the same is liable to be quashed.

(3.) Per contra, the learned Counsel for the respondents herein submits that, though Section 2(q) defines 'respondent' to mean an adult male person, but the Apex Court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. Secondly, he countered the arguments of the learned Counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. Therefore he contended that, at the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial Court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. Hence he pleads for dismissal of this petition.