PRADEEP SURI Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent had filed a petition (CC no.12/1/13) in the court of the Metropolitan Magistrate invoking its jurisdiction under Section 12 of the Protection of Women from Domestic Violence Act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in the nature of protection orders under Section 18, residence order under Order 19, monetary relief in the nature of maintenance under Section 20, unrestricted custody of the three children of the parties under Section 21 and compensation in the sum of Rs. 15 Lakhs for mental torture and emotional distress under Section 22. The Metropolitan Magistrate, by order dated 08.12.2015, took cognizance on the said petitions, also perusing the domestic incident report (DIR) and, thereafter, directed the petitioner to be called, issuing process against him for appearance calling upon him to respond including by filing an affidavit as to his income.

(2.) The petitioner had approached the Metropolitan Magistrate by an application seeking modification of the impugned order dated 08.12015, on the ground that material facts had been concealed and that the petition under Domestic Violence Act had suffered from laches but the said application was dismissed.

(3.) The petitioner challenged the above said orders by criminal appeal (no.4/2/16) in the court of Sessions. His appeal was dismissed by the Additional Sessions Judge by order dated 07.06.2016 with observations that it was devoid of merits.