B. SAKUNTHALA Vs. VASANTHA

JUDGEMENT

(1.) The petitioner, a widow, who has purchased a house property from her father from out of the compensation awarded for the death of her husband and her only son, now facing the complaint laid against her under the Domestic Violence Act, i.e. D.V.O.P.10 of 2015 before learned Judicial Magistrate No. III, Dindigul, seeks to quash the proceedings on the ground that the complaint itself is not maintainable neither on facts nor on the question of law.

(2.) Brief Facts: The house property located at Door No. 210, Therkoor 7th Lane, Mettupatti, Dindigul Town, Dindigul District was purchased by the petitioner's father Muthusamy for a sum of Rs. 12,000.00 through a registered sale deed dated 03.02.1986. It is the exclusive and separate property of petitioner's father. The father executed a sale deed in favour of the petitioner through a registered sale deed dated 23.09.2015 for a sale consideration of Rs. 12,40,000.00.

(3.) The main contention of the learned counsel for the petitioner is that the complaint filed by the respondent did not disclose any act of Domestic Violence as contemplated under Sec. 3 of the said Act and the learned Magistrate, without any basic material/without jurisdiction/without application of mind/without subjective satisfaction/without perusal of records, has taken the complaint on file and therefore, the complaint is liable to be quashed.