RAJKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

(2.) The present criminal proceedings are result of respondent no.2 filing complaint under Ss. 12 & 23 of The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') against the petitioners, who are husband, father-in-law, mother-in-law and two sister-in-law respectively before the court of learned Additional Chief Metropolitan Magistrate No.5, Jodhpur Metro in Criminal Complaint No.358/2019 (CIS No.1685/2019). The respondent no.2 alleged that her marriage was solemnized with petitioner no.1 on 25/3/2018 as per Hindu rites and customs.

(3.) Counsel for the petitioners submit that this was second marriage and in earlier marriage, though, there was a dispute between the parties but a valid divorce did not take place and, therefore, the marriage took place but the same is illegal. Counsel for the petitioners submit that the proposition of bringing this misc. petition before this Court is whether the Protection of Women from Domestic Violence Act, 2005 does provide any relief to any lady who is not having a valid marriage with the man in-question ? Counsel for the petitioners has also raised issue regarding father-in-law, mother-in-law and two sister-in-laws, who have unnecessarily been made party in the proceedings under the Act of 2005. Counsel for the petitioners relied upon judgment of this Court (Jaipur Bench) in Vinod Kumar Nathwani Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.2275/2014, decided on 2/1/2018), in which, this Court decided that a previously married lady having matrimonial relationship with no legal divorce, shall not be entitled for maintenance in accordance with the Act of 2005. Relevant para of the judgment reads as follows :-