DENNISON PAULRAJ Vs. MAYAWINOLA

JUDGEMENT

(1.) THE petition is filed seeking to quash the private complaint taken on file in C.M.P.No.1772 of 2007 pending on the file of the learned Judicial Magistrate II, Poonamallee.

(2.) THE sum and substance of the petition filed by the respondent, who is the wife of the first petitioner herein, invoking the provision under section 23(2) of the Protection of Women from Domestic Violence Act 2005 (in short the Act) read with rules 6(4) and 7 of the Rules framed therein is as follows:-

(3.) THREE points arise for determination in this criminal original petition. Firstly, the court has to decide whether there is any abuse of process of law by the respondent in filing the petition under the Protection of Women from Domestic Violence Act, 2005. The second point that arises for consideration is whether the petition filed invoking the provisions of the Act is maintainable. Thirdly, whether these proceedings can be transferred to the Family Court, Chennai to enquire into the same along with the proceedings initiated by the first petitioner for judicial separation.