ARJUN SINGH BANJARE Vs. ARCHANA BANJARE

JUDGEMENT

(1.) The challenge in this petition is to the complaint filed by the respondent under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'Act of 2005').

(2.) Learned counsel for the petitioner would submit that the wife filed an application before the JMFC, Korba under the Act of 2005, however she never resided at Korba. He further submits that she was married to Petitioner No. 1 and only stayed for 10-15 days at Durg (her maternal house). He further refers to two orders passed during the pendency of this petition and the complaint made by the wife under sec. 498A of IPC, which was decided and the trial was completed on 2/3/2021, wherein all the petitioners herein were acquitted with a specific finding that no cruelty was proved under Sec. 498A of the IPC. He further submits that appeal having been filed against such acquittal the Sessions Court of Durg by order dtd. 22/10/2021 has dismissed the appeal. He further refers to certain findings recorded by the Sessions court and would submit that the wife only resided for 8 to 10 days at Durg, thereafter, she started residing at Katghora wherein she was working. Therefore, this finding would go to dislodge the claim filed under Act of 2005. He further referred to the judgment and the ground of appeal and would submit that the cause of action at Korba never arose.

(3.) Per contra, learned counsel for the respondent refers to the application filed under sec. 12 (1) of the Act of 2005 and the attention of the Court was invited to Para 3, wherein allegations were attributed in respect to petitioner No. 1 which was further extended to petitioners No. 1 to 3. It is stated that since the wife was assaulted and she was forced to stay at her paternal home as she was thrown away from the matrimonial house. He further refers to the decision rendered by the Supreme Court in the cases of Rupali Devi Vs. State of Uttar Pradesh and Others. reported in AIR 2019 SCC 1790 and in case of Ruhi Vs. Annes Ahmad and Ors. ( Criminal Appeal No. 7 of 2020) decided on 6/1/2020.