KANJIBHAI BHANABHAI PARMAR Vs. URMILABEN KANJIBHAI PARMAR

JUDGEMENT

(1.) By way of present petition under Article 226 and/or 227 of the Constitution of India, the petitioner seeks quashing of the proceedings being Criminal Misc. Application No.42 of 2017 registered with Chief Judicial Magistrate, Surendranagar filed for relief under Sections19 and 20 of the Protection of Women from Domestic Violence Act (herein after referred to as 'the Act'), by respondent no.1.

(2.) Mr.A.B.Gateshaniya, learned advocate for the petitioner submitted that the marriage of the petitioner took place with the Respondent No.1 herein somewhere in the year 1984 (approximately before 35 years). The petitioner, in the year 1989, filed Hindu Marriage Petition under Section 9 of the Hindu Marriage Act against the Respondent No.1 herein for restitution of conjugal rights. However, the parties settled their dispute there at that time and obtained customary divorce. Therefore, vide an application Exh.14 in that Hindu Marriage Petition, a settlement pursis was submitted by both of them. It is mentioned in it that customary divorce obtained by them on terms of settlement pursis which is to be abided by both of them. It is further disclosed in it that since there was no possibility to reconcile their differences, they were not in a position to stay together and therefore, they have decided to part their ways. It is further mentioned in it that nothing remains to be given or taken from each other. There is no right or interest remains over each other.

(3.) He has further submitted that the said divorce took place in the year 1990 and based on that, Hindu Marriage Petition for restitution of conjugal rights filed by the petitioner came to be disposed of. After about 27 years of the divorce, the Respondent No.1 herein has filed the aforesaid proceedings invoking the provisions of "the Act", that too, long after she remarried with someone else.