LAWS(MAD)-2018-3-1345

T RAJA @ RAJESHKANNA Vs. NITHYASELVI

Decided On March 09, 2018
T Raja @ Rajeshkanna Appellant
V/S
Nithyaselvi Respondents

JUDGEMENT

(1.) The petitioners herein are the accused in D.V.C.No.1 of 2013 on the file of the Judicial Magistrate Court, Pattukkottai. The said case was taken on file by the learned Judicial Magistrate based on the complaint given by the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as ''the Act''].

(2.) Admittedly, the first petitioner is the husband of the respondent and the second petitioner is the brother of the first petitioner and the third petitioner is the wife of the second petitioner. The respondent filed the said complaint before the learned Judicial Magistrate, Pattukkottai, for the reliefs available in Sections 18, 19, 20 and 22 of the Act.

(3.) In order to substantiate the claim made by the petitioners, the learned counsel appearing for the petitioners contended as in order to attract the provisions under the Act, there must be an averment that the petitioners and the respondent are residing in the same roof after solemnisation of the marriage. But, in this case, nothing was averred by the respondent against the petitioners 2 and 3. Being the relative of the first petitioner, they are added as accused in the complaint filed by the respondent and thereby, the proceeding initiated against the petitioners 2 and 3 is nothing but abuse of process of law. In support of his submissions, he relied on the judgment of this Court in Santineer Vincent Rajkumar and another Vs. R.Rejitha, 2017 2 LW(Cri) 399, wherein at Paragraph No.19, it has been held as follows: