RAMA SINGH Vs. MAYA SINGH

JUDGEMENT

(1.) ARGUMENTS heard. This is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code'), for quashing the proceedings, pending as MJC No.314/11 in the Court of Smt. Usha Tiwari, JMFC, Bhopal. In that case, notices have been issued to each one of the petitioners to show cause as to why the reliefs as prayed for by the respondent in her application, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short the 'Act'), should not be granted.

(2.) ACCORDING to the petitioners, proceedings are apparently an abuse of the process of the Court in view of the following facts - (i) Marriage of the respondent was solemnized with Rahul Singh, son of petitioner nos.1 and 2 and brother of other petitioners on 11.9.2000 in the Arya Samaj Mandir in Bhopal as it was an inter-caste love marriage. In the wedlock, they are blessed with two daughters.

(3.) PER contra, learned counsel for the respondent has submitted that there is no sufficient ground to interfere with legitimate proceedings under the inherent powers. According to him, in the light of the facts stated therein, no option was left to the respondent except to move the Court, by filing the application for the reliefs as contemplated in Sections 18, 19, 20, 22 and 23 of the Act.