NAGESHWAR PRASAD MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition, the petitioner has questioned the validity of two orders passed by the Courts below, the first being order dated 7.09.2009 passed by the Judicial Magistrate, Allahabad in Complaint Case No. 907/XII of 2008, Smt. Usha Gupta Vs. Nageshwar Prasad Mishra whereby the learned Magistrate dismissed preliminary objection raised by the petitioner regarding the maintainability of complaint case under the provisions of Domestic Violence Act. The second order under challenge is the judgment and order dated 11.2.2010 passed by the lower Appellate Court in Criminal Appeal No. 193 of 2009, Nageshwar Prasad Mishra Vs. Usha Gupta, whereby the appeal of the petitioner filed against the aforesaid order dated 7.09.2009 of the Judicial Magistrate, Allahabad, was dismissed.

(2.) Briefly stated, facts relevant for the disposal of this petition are that the petitioner is the real father of respondent No. 4, Smt. Usha Mishra. On 6.2.2004, his daughter Usha Gupta solemnized her inter-caste marriage with one Ramji Gupta against the wishes of her father(petitioner) and after marriage, she having ceased to have any relations with her parental house, started living with her husband, Ramji Gupta separately. As the relations between the daughter and father had become strained, she never came back to the house of the petitioner after her marriage on 6.2.2004. However, on 18.12.2008, she filed a complaint case against her father in the court of Judicial Magistrate, Allahabad under Section 12 of The Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as the Act) alleging that she is the handicapped daughter of opposite party. Her father is a man of bad character. He has kept another woman as wife with him despite the fact that the first wife i.e. the mother of the complainant is alive. She had earlier moved an application against the atrocities of her father before the Court under Section 156(3) Cr.P.C. On the basis of which, the police had registered a criminal case against her father but by filing a criminal revision against the order passed on the application under Section 156(3) Cr.P.C. his father obtained a stay order in his favour by the revisional court and after obtaining the stay order, he started defaming and humiliating the complainant. It was further alleged by the daughter that her father who keeps an evil eye on her and who was harassing her by instituting false cases against her, came to her house on 16.12.2008 and enticed her to go with him deserting her husband and 4 years old son.

(3.) On the aforesaid grounds, the complainant/respondent No. 4 prayed from the court of Judicial Magistrate, Allahabad to restrain the opposite party/her father to visit her matrimonial home. She also claimed Rs. 4 lacs as compensation from her father for defaming and humiliating her and for forcing her to face malicious prosecution. She also sought police protection from the Court.