LAKSHMI NARAYANAN Vs. KAMATCHI

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in D.V.C. No.21 of 2018, on the file of the learned Judicial Magistrate, Ambattur. There are totally three respondents in the domestic violence case, in which the petitioner is arrayed as first respondent.

(2.) The learned counsel for the petitioner submitted that the complaint filed under the Domestic Violence Act, 2005 is nothing but an abuse of process of law, per se vexatious, frivolous and not maintainable as against the petitioner. The marriage between the petitioner and the respondent was solemnised on 07.09.2007, thereafter, there was a strained relationship between them and the respondent left the matrimonial home. Therefore, the petitioner filed a petition for restitution of conjugal rights in F.C.O.P. No. 3929 of 2011 and a petition for divorce in F.C.O.P.No.3374 of 2009. The petitioner's divorce petition was dismissed on 09.03.2013 and the restitution of conjugal rights petition was decreed. Aggrieved by the same, the petitioner preferred an appeal in CMA. No. 1330 of 2013 before this Court and the same was also dismissed. Again, the petitioner filed a Special Leave Petition (Civil) before the Hon'ble Supreme Court of India in Diary No.23510 of 2018 and the same is pending.

(3.) While so, the respondent filed a maintenance case in M.C. No. 261 of 2013 under Section 125 of Cr.P.C., in which, she prayed for direction to the petitioner to pay maintenance of Rs.1,50,000/- to her and Rs.50,000/- for her minor son. By order dated 19.01.2018, the V-Additional Family Court, Chennai awarded a sum of Rs.30,000/- as maintenance to the respondent and a sum of Rs.15,000/- to the minor son. The order of maintenance was also challenged by the petitioner before this Court in Crl.RC. No. 567 of 2018 and the same is pending. So far the petitioner paid a sum of Rs.27,64,250/- to the respondent as maintenance and also continuously paying the monthly maintenance for a period of 11 years from the date on which the relationship between them got strained. While so, the domestic violence complaint has been filed as against the petitioner and two others, claiming maintenance.