KUMAR Vs. MAHESHWARI

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in M.C.No.25 of 2012, pending on the file of the learned Judicial Magistrate-I, Puducherry.

(2.) For the sake of convenience, the parties will be referred to by their names.

(3.) It is the case of Maheshwari that her marriage with Kumar was held on 10.02.2006 at Thiruvanthipuram Devanatha Swami Temple at Cuddalore, followed by a marriage reception at S.R.Kalyana Mandapam at Puducherry; and at the time of marriage, 26 sovereigns of gold ornaments, house hold articles, one Pulsar motorbike and a cash of Rs.50,000/- was given to Kumar as sridharna; after the marriage, she lived in a joint family with Kumar's parents and unmarried sisters of Kumar; because of the uncouthed behaviour of Kumar, his father threw him out of his house and thereafter, they both lived in Maheshwari's house at Door No.31, 4 th Cross, Anthoniar Koil Street, Oulagret, Puducherry. Soon, Kumar showed his true colours and started physically and sexually tormenting Maheshwari and left her in the month of February' 2011; despite his uncivil behaviour, she was prepared to live with him and tried her best to mend fences with him, but in vain. On 07.02.2012, Kumar along with his family members came to the house of Maheshwari and threatened her to sign the divorce papers, but she refused. On the same day, at about 8.00 p.m., she went to the police station and lodged a complaint against Kumar, but no action was taken. Thereafter, Maheshwari initiated proceedings under Domestic Violence Act, in M.C.No.25 of 2012 before the learned Judicial Magistrate, Puducherry, for various reliefs against Kumar, challenging which, Kumar has filed the present quash petition under Section 482 Cr.P.C.,