BIRENDRA KRISHNA NAG Vs. SUSHMITA NAG CHATTERJEE

JUDGEMENT

(1.) The petitioner being the husband of opposite party no. 1 has filed this application under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding being A.C. 2391 of 2022 filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'PWDV Act') presently pending before the Court of Learned 5th Magistrate, Alipore and also praying for setting aside the orders passed therein in connection with the aforesaid proceeding.

(2.) The factual matrix of the instant case for filing this Criminal Revisional application is as under: -

(3.) Learned Advocate appearing on behalf of the Petitioner submitted that she left the matrimonial home for her own volition along with minor daughter. She did not contact and bother to return back to the matrimonial home to lead conjugal life in spite of repeated request by the petitioner and his family members. She filed an application under Sec. 12 of the PWDV Act on 24/8/2022 after getting information of ex parte decree of divorce. It is admitted fact that she is residing at her parental home along with her minor daughter on and from 8/2/2011. This fact has been mentioned in an application filed by the opposite party no. 1 in paragraph 13 of the application filed under Sec. 12 of the PWDV Act, 2005 and there was no domestic relation between the petitioner and the opposite party no. 1 on and from 8/2/2011. As such, the proceeding filed by the opposite party no. 1 after expiry of more than 11 years is not at all maintainable and all allegations against the petitioner and his family members are totally false and fabricated only to harass the petitioner and to get financial benefits though decree of divorce had already been passed by the Civil Court. She is well aware about the decree of divorce and on retaliation and on counter blast of decree of divorce, she has filed this application under Sec. 12 of the PWDV Act against the Petitioner, is totally bad in law and liable to be quashed. He further placed a reliance of three judgments to bolster his contentions. Those judgments are as under: -