AMITABHUPADHYAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein is seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of Sections 12, 18, 21 and 23 of the Protection of Women from Domestic Violence Act, 2005 in Complaint No.524 of 2013 pending before the Judicial Magistrate (2nd Court) at Thane.

(2.) The applicant herein is working as a Maintenance Engineer with Emirates Airways. The applicant was married to the respondent No.2 on 11.5.1995. The couple is blessed with a daughter on 15.4.1999. The name of the daughter is Tania.

(3.) The applicant was transferred to Andhra Pradesh and shifted to Secunderabad along with his wife and daughter. In fact, right from the initial period after marriage, there was temperamental incompatibility between the couple, but the couple had made efforts to adjust themselves to lead a happy married life. Finally, the respondent No.2 had voluntarily abandoned her matrimonial home and had left Secunderabad as if never to return again.