PRABHJOT KOUR Vs. ATINDERPAL KOUR

JUDGEMENT

(1.) The petitioner has challenged complaint filed by respondent No.1 against her and the proforma respondents under the provisions of Protection of Women from Domestic Violence Act, 2005 (hereafter for short "the D.V Act") as also the proceedings initiated thereon.

(2.) It appears that respondent No.1 has filed a complaint under Sec. 12 of the D.V.Act against the petitioner and the proforma respondents. In the complaint it is alleged that respondent No.1 has entered into wedlock with respondent No.2 on 19/12/2018 at Kaluchak, Jammu. It is further averred in the complaint that at the time of marriage ceremony a huge amount of money was spent by the family of respondent No.1 on the asking of accused persons and even gifts and jewellery were presented to the accused persons. The complainant goes on to allege that after the marriage, respondent No.2 changed his attitude towards respondent No.1 and started harassing her and making demands of dowry. It is further alleged that respondent No.2 physically harassed the complainant and she was thrown out of her matrimonial house. Despite efforts on the part of respondent No.1 to settle the matter, the same did not bear any fruit and respondent No.2 stopped paying any maintenance to her, thereby causing serious financial crises to her. It is further alleged that mother of respondent No.2 gave a misleading information about the parentage of respondent No.2. It has been finally alleged that the accused persons are in the habit of teasing and tormenting the complainant. On the basis of aforesaid allegations, the respondent/complainant sought reliefs pertaining to protection order, monetary, compensation, damages and similar other reliefs.

(3.) It appears that the learned trial Magistrate upon presentation of the complaint, issued notice to the respondents, including the petitioner herein, whereafter, the proforma respondents filed their objections to the complaint. However, as the petitioner did not put in her appearance before the trial Magistrate, non-bailable warrants of arrest came to be issued against her.