MANJEET KOUR Vs. SARVJYOT KAUR

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of application filed by the respondent under Sec. 12 of the J&K (Protection of Women from Domestic Violence) Act, 2010 titled Sarvjyot Kour vs. Kamaldeep Singh and others pending trial before the court of learned Sub Judge, Special Mobile Magistrate, Kathua. Petitioners also seek quashment of order dtd. 8/8/2016, passed in the above said application.

(2.) The petitioners challenge the impugned order dtd. 8/8/2016, on the grounds that the application filed under Sec. 12 is totally illegal and contrary to the provisions of J&K (Protection of Women from Domestic Violence) Act, 2010 and has been filed by the respondent for the purpose of countering the divorce petition filed by petitioner No.2. It is stated that not only a single ingredient of Sec. 3 of the JK DV Act, 2010 has been made out in the application. It is further stated that admittedly fraud has been played by the respondent by not disclosing before the learned trial court that she herself has defied the decree of restitution of conjugal rights passed by the Court of learned Additional District Judge, (Matrimonial Cases) Jammu. Respondent has also not disclosed before the trial court that petition filed by her under Sec. 488 Cr.P.C contains the same very allegations which are made basis for maintaining the impugned application under Sec. 12 of the Act.

(3.) Learned counsel for the petitioners states that the allegations which have been leveled against the petitioners in the application are prima-facie unbelievable and no cognizance could have been taken by the trial court.