H.M. MEENA FERANNDES Vs. GENEVIEVE ANNIE FERNANDES

JUDGEMENT

(1.) RULE . Heard forthwith.

(2.) HEARD learned appointed counsel for the petitioner and considering the averments made in the present writ petition which is mainly preferred under Section 482 of Cr. P.C it is thought fit that the present matter shall be taken up for orders at the admission stage itself and in order to see whether the matter can be admitted or disposed off at this stage itself without there being any notice to the respondents.

(3.) IN the complaint and also in the Affidavit in lieu of the evidence the complainant/present petitioner had stated that she married with one Diago Fernandes at Vasco and thereafter along with him started residing at Dubai. Two children were born out of the said wedlock in Dubai. Sometime in July 2003 her husband expired. However, she remained in Dubai and also served in some bank and was also promoted and her salary was increased and in Indian currency she was getting monthly salary of Rs.1,75,000/ - or so. It is also the allegation of the present petitioner/original complainant that the original respondent no.1 and 2 had allegedly involved in some actions which are covered under the Domestic Violence Act in as much as the respondent no.1, who is the wife of respondent no.2, had sent certain e -mails to the employer of the petitioner/original complainant and also to other relations. In the said e -mails, there were allegations that the petitioner had illicit relations with respondent no.2. The respondent no.2 is the brother of husband of the present petitioner and he had also stayed at Dubai with the family of the petitioner during her stay at Dubai. According to the petitioner, due to such actions of the respondents she lost her job at U.A.E and was compelled to come down to India and stayed at Goa. As such, presently according to the petitioner/original complainant she was devoid of earning and as such, prayed for compensation as against the respondents by way of the present petition also. According to the petitioner, respondent no.2 was in a habit of indulging in such actions as to showing some pornographic material to the young children of the petitioner when she was staying at Dubai with her children and when respondent no.2 was visiting Dubai and staying with her family.