GURVINDER SINGH Vs. IKPAL KOUR

JUDGEMENT

(1.) In this petition, the petitioner has assailed the validity of order dated 11th February, 2015 passed by the Court of learned Sub-Judge, Judicial Magistrate 1st Class, Udhampur in case File No. 07/Misc, Complaint titled, "Ikpal Kour v. Gurvinder Singh and Others", pursuant to which, taking cognizance for offences under Section 12 read with Sections 17, 18, 19, 20 and 22 of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (in brevity, the Domestic Violence Act), the Court has directed issuance of notice to the applicant. The petitioner seeks quashment of the Complaint and the above stated order of taking cognizance and issuance of notice.

(2.) The facts giving rise to the filing of the instant petition briefly stated are that, the non-applicant No. 1, namely, Ikpal Kour, proceeding on false, frivolous and baseless assumptions, both in law as well as on the facts, has filed a Complaint under Section 12 of the Domestic Violence Act against the applicant and non-applicant No. 2, wherein the Court of Sub-Judge, JMIC, Udhampur (hereinafter referred to as the "Trial Court) vide its order dated 11th February, 2015 while taking cognizance for offence under Section 12 read with Sections 17, 18, 19, 20 and 22 of the Domestic Violence Act has directed issuance of notice against the applicant and non-applicant No. 2.

(3.) The non-applicant No. 1 proceeded to file the alleged Complaint on the premises that the marriage of the non-applicant No. 1 was solemnized with the applicant on 20th November, 2011 at Govardhan Palace, opposite GREF, Dhar Road, Udhampur and that the applicant and non-applicant No. 1 were living in domestic relationship as husband and wife for few days at Jammu and then at Faridabad, Haryana from December, 2011 to 25th July, 2012. It is alleged that the applicant and non-applicant No. 1 are now living separately for last two and half years. Further as per the Complaint at Faridabad, the applicant started enquiring about her bank savings, which she earned before the marriage as Teacher at APS, Udhampur and also started demanding an amount of Rs. 5.00 lacs for booking flat at Faridabad and also demanded car from her. It has further been alleged in the Complaint that thereafter, the applicant assaulted many times upon non-applicant No. 1 on various issues of domestic life and whenever non-applicant No. 1 tried to disclose the aforesaid fact to her mother-in-law, i.e., non-applicant No. 2 herein used to take it otherwise and said that her son was/is having the right and free to decide his matrimonial life.