G A FERRIS Vs. SVETLANA ALEXANDROVNA DOBROCHASOVA FERRIS

JUDGEMENT

(1.) Respondent No. 2 in Crl. Misc. No. 149/2012 on the file of Addl. Chief Judicial Magistrate, Bangalore District, has come up in this criminal petition impugning the concurrent finding of both the Courts below in holding that the house owned by petitioner herein is a shared house as defined under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act').

(2.) The brief facts leading to this criminal petition are as under:-

(3.) The 1st respondent herein, complainant in Crl. Misc. No. 149/2012, initiated proceedings under Section 12 of the Act. In the said proceedings, she has contended that: she is legally wedded wife of 2nd respondent herein; she is residing in house No. 179, ECC Road, White Field, Bangalore, along with petitioner herein, who is her mother-in-law. The said house is her matrimonial house, her husband, who is working in Dubai as Financial Director for International Legal Consultants, had instructed her to stay in the said house till he made arrangement to live with him in Dubai. Though he promised to take her back to Dubai, he developed intimacy with another girl friend and started living with her. Since he refused to take 1st respondent to Dubai, she continued to live with her mother-in-law in the house, which is standing in her name, claiming that as matrimonial house of herself and her husband.