SADANANDA Vs. NANDITA

JUDGEMENT

(1.) This is an application under Section 482 of Cr.P.C. intended to get the order dated 29.10.2015 passed by the learned Sessions Judge, Cuttack (Annexure-7) in Criminal Appeal No. 58 of 2015 set aside and to quash the proceeding in C.M.C. No. 133 of 2014 pending in the Court of J.M.F.C., Cuttack. Petitioner is the husband and opposite party is the wife. A divorce case between the parties is now before the Court of learned Judge, Family Court, Cuttack registered as C.P. No. 457 of 2012. During pendency of the divorce case the wife made a complaint under Section 12 of the Protection of Women from Domestic Violence Act (in short, 'the Act') claiming that she, having been driven out her matrimonial home on 8.8.2011, is entitled to maintenance from her husband, who is working in the office of the Director, D.M.R.L. (DRDO), Hyderabad as a Scientist (B). That complaint now stands registered as P.W.D.V. Misc. Case No. 571 of 2012 in the Court of J.M.F.C.(S), Cuttack. Not only the husband but also his parents and some other in-laws have been arrayed as opposite parties in the proceeding. The husband filed a petition before the learned J.M.F.C. contending that the proceeding under the Act is not maintainable. Having heard the parties, learned J.M.F.C. rejected the petition vide order dated 18.5.2015 (Annexure-5). That order was challenged before the learned Sessions Judge, Cuttack in Criminal Appeal No. 58 of 2015 which has been dismissed vide order dated 29.10.2015 (Annexure-7).

(2.) The petitioner-husband challenges the maintainability of the proceeding under the Act on the following grounds:

(3.) All these grounds were also raised before the learned Sessions Judge who dismissed the appeal mostly on the ground that the proceeding under the Act has progressed substantially, with further observation that the wife could not have been compelled to initiate the proceeding under the Act before the Family Judge inasmuch as she has a right to initiate an independent proceeding. Regarding the cessation of domestic relationship between the spouses learned Sessions Judge observed that being purely a question of fact it can be adjudicated upon the evidence of the parties.