PRAVEEN UPADHYAY Vs. RAJNI UPADHYAY

JUDGEMENT

(1.) Petitioners/Non-Applicants filed this Criminal Revision under Section 397/401 of the Cr.P.C. against the order dated 13.05.2019, passed by the learned Judicial Magistrate first Class, Bareli, District Raisen, in MJC No. 04/2019, whereby learned Judicial Magistrate First Class dismissed the objection presented by the petitioners/non-applicants before the trial Court.

(2.) Case of respondent in short is that in the trial Court, marriage of respondent was solemnized with petitioner No.1/non-applicant on 01.07.2009. Petitioner/non-applicant No.2 is brother-in-law, petitioner/non-applicant No.3 is fatherin-law, petitioner/non-applicant No.4 is sister-in-law and petitioner/non-applicant No. 5 is mother-in-law of respondent. After marriage, respondent was living with petitioners/non- applicants. After some time of marriage, petitioners/nonapplicants humiliated and tortured her and they demanded dowry to her. Therefore, brother of respondent had given Rs. 5 lakhs to the petitioners/non-applicants. Thereafter, petitioners/non-applicants again started demand of Rs. 5 lakhs to the respondent. Due to non fulfillment of demand of dowry, petitioners/non-applicants had thrown her out from their house. Since then respondent is living at her paternal house. So, this is a case of domestic violence. Therefore, respondent filed an application under Section 12 of Domestic Violence Act. Apart from that she filed an application under Section 23 of Domestic Violence Act. Petitioners/non-applicants appeared before the Trial Court and raised objection for maintainability of the petition on the ground of jurisdiction. They submitted before the Trial Court that respondent can not get any relief from women members of his family. Therefore, this case is not maintainable against the petitioners/non-applicants No. 4 and 5. Incident was occurred at Hoshangaad said to alleged before one year and 8 months. So, this petition is barred by limitation. Respondent/complainant did not comply the provision of Section 468 of Cr.P.C. Respondent can only demand of maintenance from her husband. She can not get maintenance other petitioners/non-applicants. She can also not demand to right of living in the disputed house of petitioners/nonapplicants No. 2 to 5. They prayed to Court to dismissed the petition but learned Trial Court dismissed the objection raised by the petitioners/non-applicants.

(3.) Learned counsel for the petitioners/non-applicants submits that impugned order dated 13.05.2019 is illegal, arbitrary and contrary to law, therefore, liable to be set aside. Incident occurred at Hoshangabad and case was registered under Section 498-A/34 of IPC also there. Therefore, petition is not maintainable at the Court of Bareli, District Raisen. Case under Section 498-A/34 of IPC was registered at Hoshangabad. Respondent/complainant may seek relief only against male members of the family. Complainant cannot seek relief for separate residential accommodation because the family of the petitioners is joint family. Complainant can also not seek any relief for compensation against the petitioners/non-applicants No. 2 to 5. Therefore, he prays for setting aside the order dated 13.05.2019 in Complaint case MJC No. 04/2019.