AMIT SHARMA Vs. MONIKA SHARMA

JUDGEMENT

(1.) Since common questions of law and facts are involved in these two petitions, the same are heard together and are being disposed of by this common judgment. One petition is filed by the husband and another by in-laws of respondent. The facts in brief are taken from CRMC No. 174/2011.

(2.) The petitioner married to the respondent as per Hindu rites and ceremonies on 3/2/2008. It is contended that since the inception of marriage, the conduct of the respondent was indifferent towards the petitioner and his family, and ultimately she left the matrimonial house of the petitioner in July 2009 without assigning any reason. The petitioner persuaded the respondent to come back to home, but she turned a deaf ear to the petitioner's request, which ultimately let the petitioner to institute a petition under Sec. 09 of the Hindu Marriage Act for restitution of conjugal rights, which is pending disposal in the Court at Kathua.

(3.) It is further contended that in order to harass the petitioner, the respondent filed a false and frivolous complaint, titled, "Monika Sharma vs. Amit Sharma and others" against the petitioner and his parents in the Court of Munsiff, Kathua. The process in the said complaint was issued by the learned Magistrate against the petitioner vide order dtd. 25/3/2011. The petitioner has impugned the said order dtd. 25/3/2011 in this petition on the ground that the same has been passed in a routine and mechanical manner without recording satisfaction supplemented by reasons and without spelling out the ground on the basis of which process has been issued against the petitioner. That the impugned order is, thus, untenable in the eyes of law and deserves to be quashed. That the allegations made by the respondent in the complaint do not constitute any offence under the Ranbir Penal Code, for which the petitioner could be processed against.