V POUNRAJ Vs. PACKIA LAKSHMI ALIAS VENI

JUDGEMENT

(1.) THE Criminal Original Petition has been filed praying to quash the entire proceedings in Criminal Miscellaneous Petition No. 1607 of 2007 pending on the file of the Judicial Magistrate Court, Sivagiri.

(2.) THE respondent herein as petitioner has filed the petition in question and the same has been taken on file in Criminal Miscellaneous Petition No. 1607 of 2007 wherein it has been specifically stated that the first petitioner has married the petitioner on 2.2.2002 at Srivilliputhur and at the time of marriage, the petitioner has been given 28 sovereigns of gold jewels, Rs.20,000/- and also household articles worth of Rs.2 lakhs by way of dowry. THE first petitioner has also been given a gold chain weighing three sovereigns and a bracelet weighing 11/2 sovereigns and a gold ring weighing one sovereign by way of dowry. On 25.12.2002, the petitioner has given birth to a male child and the same has been christened as Mohana Lakshmi. Now, the respondents 1 to 6 have been making arrangements to divorce the petitioner and the first respondent has been trying to marry the sisters of one Ananda Kumar. THE respondents have threatened the petitioner on so many occasions. THE petitioner is living in the joint family house of the first respondent as his wife. Under the said circumstances, the present petition has been filed.

(3.) THE learned counsel appearing for the respondent has also equally contended that the respondent is the legally wedded wife of the first petitioner and therefore, the marriage has been conducted in the year 2002 and the respondent has given birth to a child by name Mohana Lakshmi and since the respondent is having the status of the wife of the first petitioner, she is entitled to invoke the provisions of the Protection of Women from Domestic Violence Act, 2005 and the Court below after considering all the rival contentions raised on either side has rightly numbered the petition filed by the respondent and therefore, the present petition deserves dismissal.