RAMESHBHAI RAMJIBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution against the judgment and order of Court of Session in Criminal Appeal, which was preferred under Section 29 of the Protection of Women from Domestic Violence Act, 2005. The said appeal was against the order passed by learned Metropolitan Magistrate. What is prayed for is a writ of certiorari to get the said judgment and order in Criminal Appeal set aside.

(2.) The following questions arise for consideration.

(3.) The basic facts, leaving aside unnecessary details, may be set out. Respondent No.2 -wife initiated proceedings against the petitioner -husband and others under the Protection of Women From Domestic Violence Act, 2005, by filing Criminal Miscellaneous Application No.18 of 2002 under Section 12 of the Protection of the Women From Domestic Violence Act, 2005. In her case before learned Metropolitan Magistrate, Court No.2, Ahmedabad, respondent No.2 stated that her marriage was solemnized with the petitioner and after the marriage, her matrimonial life went on smoothly in the beginning, but thereafter the husband and the in -laws started harassing her. Out of the wedlock four children were born. In the application, the wife made various allegations regarding mental and physical harassment, detailing of which is not necessary herein. The wife filed criminal complaint against the husband and other family members for the offences under Sections 498 -A, 323, 506(2), 114 and for the offence under the Dowry Prohibition Act. The relief prayed by the applicant -wife in her application included protection orders, claim for maintenance, amount of rent for residential accommodation, claim for monetary relief and payment of compensation, being the relief under Sections 18, 20 and 22 of the Act. The petitioner -husband filed reply and contested.