AJAY KANT Vs. ALKA SHARMA

JUDGEMENT

(1.) THE instant petition is for impugning the order dated 18th January, 2007 passed by Judicial Magistrate First class, Gwalior in Criminal Case No. 848/07, whereby the learned Magistrate has issued notice to the petitioners on an application filed by the respondent under Section 12 of the protection of Women from domestic Violence Act, 2005 (hereinafter referred to as "the Act" ).

(2.) BRIEF facts of the case are that respondent Smt. Alka Sharma has filed one application under Section 12 of the Act against the petitioners. On which the learned Magistrate, vide order dated 18th January, 2007, has issued notices to the petitioners. It has been averred in the application that the respondent was married with petitioner No. 1 on 16th of May, 2005 at Gwalior. For a period of 4-6 months she became pregnant and thereafter the petitioners started harassing the respondent demanding Rs. 2 lacs and one Maruti car from her parents. As the father of the respondent is a pensioner, he could not fulfill the demand. He reported the matter to Mahila Police Station at Padav, gwalior on 2nd November, 2005 but the report was not lodged and no action was taken. On 3rd February, 2006 the respondent delivered a male child in the hospital. Thereafter, on 17th February, 2006 the petitioners separated the child from the respondent, kept him along with them and deserted the respondent. Consequently, since 20th February, 2006 she is living in her matrimonial home without her son. Petitioners are trying to declare the respondent as mentally sick and to remarry the petitioner No. 1. Admittedly, one application for divorce has been filed by the petitioner No. 1 against the respondent and the respondent has filed an application under Section 125 of Cr. P. C. claiming maintenance from him and also she has filed another application under Section 9 of the Hindu Marriage Act for seeking a decree of restitution of conjugal rights against the petitioner No. 1. These applications are pending in the Family Court, gwalior. On these grounds, the respondent has prayed in the application for taking legal action against the petitioners and also to punish them.

(3.) THE aforementioned act of filing of the application by the respondent and issuance of notice by the Court against the petitioners has been assailed by the petitioners on various grounds. The grounds and decisions thereon are as under :-