SARVESH VERMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Smt. Sarvesh Verma (mother-in-law) and Vishambhar Dayal Verma (father-in-law) with a prayer for setting aside order dated 17.10.2019 passed in Complaint Case No. 533 of 2016, Smt. Rakhi Verma Vs. Smt. Sarvesh Verma and others, u/s 12 of the Protection of Women from Domestic Violence Act, 2005, pending in the court Special C.J.M., Agra, with a further prayer of staying further proceeding of above mentioned complaint case.

(3.) Learned counsel for the applicants argued that a preliminary objection was filed in the trial court with specific mention that husband of O.P. No. 2 has died and there was no joint property or Hindu Undivided Family Property entitling the deceased husband to inherit the same. Rather the alleged house was exclusively owned by applicant no. 1, Smt. Sarvesh Verma, as she purchased the same vide registered sale deed in her name and mother-in-law may not be entitled to maintain widowed daughter-in-law nor husband of O.P. No. 2 was entitled for any share in above house. Moreso, O.P. No. 2 and her two daughters are not residing in above house and they are having no interest in it. Nothing was there as property of Hindu Undivided Family for which deceased husband of O.P. No. 2 was having any share for inheritance. Hence neither the application u/s 12 of the Protection of Women from Domestic Violence Act, 2005, was maintainable nor interim award application u/s 23 of the aforesaid Act, which was heard and was rejected. There was a finding of non-entitlement of maintenance by O.P. No. 2. There were precedents of Apex Court passed in Ram Singh Tomar and others Vs. Smt. Bhoori Bai and others, 2017 CrLJ 3455, S. R. Batra and others Vs. Taruna Batra, 2007 3 SCC 169, and Vimlaben Ajeet Bhai Patel Vs. Vatsalben Ashok Bhai Patel,2004 SCC 469, wherein the Apex Court has held that right to maintain the wife is the liability of the husband and father-in-law and mother-in-law are not personally liable but for limited extent to the property, which was under joint ownership and capability of inheritance by the deceased husband. In view of above cited laws, there was no right to O.P. No. 2 and this preliminary objection was not decided by the trial court. Hence a proceeding u/s 482 Cr.P.C. No. 30320 of 2019, Smt. Sarvesh Verma and another Vs. State of U.P. and three others, was filed, wherein direction by a coordinate Bench dated 06.08.2019 was there for disposal of preliminary objection preferably within three months. In compliance of the above order, impugned order dated 17.10.2019 has been passed by the Special C.J.M., Agra, but no finding about maintainability was given and it was again kept pending to be decided after evidence. Hence this application with above prayer for setting aside the impugned order, which has been passed under abuse of process of law.