JITENDRAKUMAR GUNMAL BHATIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS are the husband and mother in law of respondent No.2 respectively. They have challenged the complaint bearing FIR No. I-C.R.No.85 of 2010 registered with Naranpura Police Station dated 6.2.2010 filed by the wife alleging the offence punishable under Section 498(A) and 506 read with Section 114 of Indian Penal Code.

(2.) IN the impugned FIR, it is alleged that initially for a short period after marriage, the wife was treated properly by the petitioners. However, she later on realized that he is in regular habit of drinking liquor. Petitioners used to quarrel with the wife. IN the year 2001, she gave birth to one daughter called Simran. IN the year 2005, she filed proceedings in the Family Court for maintenance. She was pressurized to withdraw such case. These in nutshell are the allegations against the petitioners.

(3.) FROM the evidence on record, however, it clearly emerges that since the year 2001, wife never resided with the husband or his relatives. In a divorce petition filed by her before the Family Court being HMP No.526 of 2007, she is clearly stated that after she went to her parents' house, she never returned to her matrimonial home. This was clearly established that even as per the wife, after 2001, she had never resided with the petitioners. That being so, all allegations of harassment are pertained to the period prior to 2001 for which complaint came to be lodged on 6.2.2010. Even the allegations in the complaint are rather general and vague. No specific instances are cited which can amount to harassment for the purpose of Section 498-A of IPC. No useful purpose would be served in permitting investigation in such a complaint. Counsel for the wife, however, vehemently contended that the husband has obtained fraudulent divorce. Wife had never agreed to leave with husband and also made separate by mutual consent. I do not propose to give on such question since in proper proceedings if the wife instituted, such question can be decided not in this proceedings where no such issue arise.