BHUPATBHAI MANJIBHAI AMIPARA Vs. JYOTIBEN MAHENDRABHAI AMIPARA

JUDGEMENT

(1.) Being aggrieved by an order dated 23.08.2013, passed by the learned Sessions Judge, Junagadh, in Criminal Revision Application No. 27 of 2012, the present applicant has preferred this Special Criminal Application under Art. 227 of the Constitution of India.

(2.) The respondent No.1 Jyotiben Mahendrabhai Amipara has filed a criminal complaint against the applicants, the present petitioners under the provisions of Sec. 12 of the Protection of Women from Domestic Violence Act, 2005.

(3.) On the application being so filed, the present petitioners preferred an application Exh50 before the learned Judicial Magistrate, Vanthali. It was the contention of the present applicants petitioners herein that, the respondent No.1 after having resided with her husband merely for a period of five days, left the matrimonial home. That, on 09.04.2004, she has filed maintenance application under Sec. 125 of the Code of Criminal Procedure and by an order dated 17.08.2006, the Court has granted her maintenance. According to the petitioners applicants of Exh.50, the applicant once having left the matrimonial home after her marriage which was in the year 2003, it was not appropriate for the respondent No.1 to have filed an application under the Domestic Violence Act. According to the petitioners applicants, the application filed under the act was time barred, and therefore, as prescribed under Sec. 468 of the Criminal Procedure Code, the application under the act be dismissed as time barred.