THIPPAREDDY SARATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the husband of the 3rd respondent. They were married on 18.02.2009 at Annavaram, East Godavari District in the presence of the parents of the 3rd respondent. Subsequently, a second marriage ceremony was performed on 06.08.2009 in Vinjamuru, Nellore District, which is the village of the petitioner herein. The couple stayed together initially in the United Kingdom and subsequently moved to the United States of America. The couple have two children from the marriage. The petitioner and the 3rd respondent developed differences resulting in various litigations filed against each other. In that process, the petitioner had filed a petition for legal separation in the superior Court in San Diego, California on 22.02.2017 while the 3rd respondent initially filed for divorce before the Family Court at Visakhapatnam in June, 2018 and subsequently withdrew the same on 01.04.2019. She also filed a Domestic Violence Case in the superior Court at San Diego, California on 14.02.2018, and an application for divorce on 01.03.2018 in the Court in San Diego, California. On 19.09.2019 the superior Court at San Diego, California dissolved the marriage between the petitioner and the 3rd respondent.

(2.) The 3rd respondent also filed F.I.R.No.17 of 2019 on 12.01.2019 before the Woman Police Station, Visakhapatnam against the petitioner and his family members under Section 498-A IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. After investigation, a charge sheet was filed on 09.02.2019 and the case was taken up as C.C.No.816 of 2019 in the Court of the I Additional Chief Metropolitan Magistrate, Visakhapatnam. The 3rd respondent also filed a Domestic Violence Case against the petitioner in the Family Court-cum-IV Additional Chief Metropolitan Magistrate, Visakhapatnam, which was numbered as D.V.C.No.46 of 2019 on 15.02.2019.

(3.) The petitioner and his family members filed Crl.P.No.4512 of 2019 to quash the proceedings in C.C.No.816 of 2019 and Criminal Petition No.4976 of 2019 to quash the proceedings in D.V.C.No.46 of 2019. By that time a Non-Bailable Warrant for the production of the petitioner had been issued. This Court by an order dated 01.08.2019 stayed the Non-Bailable Warrant issued against the petitioner till 29.09.2019. Thereafter, the interim order was extended on 16.10.2019 till 21.10.2019.