LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 482 Cr.PC is for quashing of complaint No.48 dtd. 21/10/2013 (Annexure P-1) under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, the Domestic Violence Act) pending in the Court of learned Judicial Magistrate 1st Class, Bathinda as well as summoning order dtd. 21/10/2013 (Annexure P-2) and order dtd. 19/8/2015 (Annexure P-3) along with all other consequential proceedings arising therefrom.

(2.) At the outset, learned counsel for the petitioners has argued that the marriage between petitioner No.1 Lakhwinder Singh and respondent No.2 Chinderpal Kaur has already been dissolved by mutual consent under Sec. 13-B of the Hindu Marriage Act, 1955 vide judgment dtd. 3/10/2011 passed by learned District Judge, Sri Muktsar Sahib. Therefore, the application under Sec. 12 of the Domestic Violence Act filed by respondent No.2 before learned Magistrate on 21/10/2013 i.e. after more than two years of divorce, was not maintainable. When the relationship of husband and wife ceased to exist after obtaining a decree of divorce by way of mutual consent, the application filed by respondent No.2 under Sec. 12 of the Domestic Violence Act does not survive.

(3.) On the other hand, learned counsel for respondent No.2 has argued that the decree of divorce was obtained by petitioner No.1 by playing fraud upon respondent No.2. The petitioners have committed domestic violence upon the complainant, therefore, they have rightly been summoned to face trial by the Court.