S. MEENAVATHI Vs. SENTHAMARAI SELVI AND OTHERS

JUDGEMENT

(1.) THIS petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned complaint in M.C.No.36 of 2008, on the file of the learned Judicial Magistrate, Vedasandur, and to quash the same.

(2.) THE brief facts of the case is as follows: The petitioner's son one Suresh married to the first respondent on 30.6.1999. Out of the said wedlock, two children were born and the matrimonial life was not happy. Because of difference of opinion between them, the first respondent, who is the wife, harassed in all possible ways including giving false complaint and the petitioner's son issued a legal notice, seeking divorce and the first respondent filed a suit for partition claiming a share in the property owned by the petitioner's son. The first respondent has also given a complaint and a case was registered in crime No.7 of 2008 for the alleged offence under Sections 498 -A, 406 and 294(b) of I.P.C. The first respondent has filed M.C.No.36 of 2008 and Cri.M.P.No.4742 of 2008, on the file of the learned Judicial Magistrate, Vedasandur, under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 and the petitioner has granted shared household rights without any basis and also claimed monetary relief under Sections 17 and 19 of the Act and the impugned complaint is not maintainable against this petitioner. It is only a harassment, which has to be quashed, otherwise, irreparable loss will be caused to the petitioner.

(3.) THE learned counsel for the petitioner would submit that the petitioner is the mother -in -law, who has nothing to do with the marital life of the first respondent and her son and she has been harassed by the first respondent and the petitioner has initiated the proceedings under Section 12 of the Protection of Women from Domestic Violence Act. The learned counsel for the petitioner pointed out that in Cri.M.P.No.4742 of 2008, the learned Magistrate has passed an order, which is against law.