VIBHUTI BHUSHAN ACHARYA Vs. KAVITA PRASHANT ACHARYA

JUDGEMENT

(1.) This Revision has been preferred against the order dtd. 18/11/2022 passed by the Additional Sessions Judge, Durg, District in Criminal Appeal No.100/2022, whereby the preliminary objection raised by the Applicants herein, who are Father-in-law, brother-in-law (devar) and mother-in-law respectively of the Non-Applicant/Complainant regarding non-maintainability of the Petition filed by the Non-Applicant under Sec. 12 of the Act of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') has been dismissed.

(2.) Brief facts of the case are that the Non-Applicant had filed an application under Sec. 12 of 'the Act of 2005' before the JMFC, Durg seeking direction to return her stridhan along with suitable compensation. It is alleged that Applicant No.2 is having 100% permanent disability of blindness and a copy of the disability certificate has also been annexed in support of this Revision and the Applicants are facing trial under Sec. 498-A IPC, which is pending before the Court of JMFC, Durg. It is further alleged that the Applicants are living separately and earlier, a compromise took place between the parties during the counseling, therefore, no good case is made out against the Applicants and the preliminary objection raised by them against the Petition filed by the Non-Applicant under Sec. 12 of the Act of 2005 has wrongly been rejected by the Court below. Hence this Revision.

(3.) Ms. Singh, learned Counsel for the Applicants submits that the impugned order is not sustainable as the Applicants are living separately and they have not caused any type of domestic violence towards the Non-Applicant. She further submits that in order to create a pressure, the Non-Applicant had filed the said Petition and further considering that Applicant No.2-Nishant Acharya (devar) is having 100% permanent disability of blindness, the order impugned may be set aside and the Revision may be allowed.