RABINDRA KUMAR MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners challenge the initiation of the proceeding under Sec. -12 read with Secs. 19 and 20 of PWDV Act against them on the ground that they are not related to the complainant in any domestic relationship.

(2.) The facts of the case are that the present opposite party No. 2 has filed the case registered as DV Case No.191 of 2021 in the court of learned S.D.J.M. (S). Cuttack with the following prayer:-

(3.) In the said petition it is stated that she had married one Sudhir Kumar Kara (opposite party No.1 in the complaint petition) way back in the year 1996 and that she is blessed with a son and daughter out of such marriage. It is alleged that opposite party Nos.3, 4, 6 and 7 (in the complaint petition) being her in-laws, subjected her to cruelty since her marriage was apparently solemnized against their wishes. The complainant has made several allegations citing instances of torture, both physical and metal. In so far as the present petitioners are concerned, it has been alleged that her husband has an illicit relationship with the present petitioner No.2 who is married to petitioner No.1. The following allegation has been made under paragraph-13 and 14.