TEHMINA QURESHI Vs. SHAZIA QURESHI

JUDGEMENT

(1.) This petition has been preferred by the petitioner invoking extra ordinary jurisdiction of this court conferred under Section 482 of Code of Criminal Procedure for setting aside order dated 31.3.2009 passed by JMFC Gwalior and for quashing the proceedings of Cr.Case no.2694 of 2009 pending against the petitioner in the Court of Judicial Magistrate, Gwalior.

(2.) Facts in nutshell giving rise to this petition are that respondent has filed one application under Section 12 of Protection of Women Domestic Violence Act 2005 (in brevity 'the Act of 2005') against petitioner and others in the Court of JMFC, Gwalior. Learned JMFC,after registering the application, issued notice to the petitioner and others. Hence, this petition challenging that order of registering the application and issuing notice to the petitioner is filed on the following grounds (1). that, as provided by section 2 (q)of the Act, such application under Section 12 of the Act cannot be filed against the petitioner who being a lady under Section 2 (q) of the Act of 2005. In Section 2 (q)of the Act, the term resoondent has been defined as under : - "(q)"respondent" means any adult male person who is or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

(3.) It is contended by learned counsel for the petitioner that as per Section 2 (q)of the Act, it is crystal clear that an application can be filed by an aggrieved person including the respondent claiming relief under the Act only against the adult male person. However, as per the proviso appended to this provision, a wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.