MANISHA Vs. SEEMA JAIN

JUDGEMENT

(1.) HEARD . The instant misc. petition has been filed challenging the proceedings of Application No. 139/2010 filed by the respondent in the Court of learned Judicial Magistrate No. 2, Bhilwara against the petitioner and other persons under the provisions of Protection of Women from Domestic Violence Act, 2005 (referred to herein after as 'the Act of 2005').

(2.) THE challenge to the proceedings has been made on the ground that the petitioner is married sister -in -law (Nanad) of the respondent and lives separately and continuing the proceedings of the application against the petitioner amounts to an abuse of process of the Court. Learned counsel for the petitioner submits that since a female cannot be arrayed as a respondent in an application under the provisions of the Act of 2005, the proceedings of the application qua the petitioner deserve to be quashed.

(3.) RESULTANTLY , the proceedings of the application filed impleading the petitioner as the respondent cannot be said to be vitiated. That apart/as on date, the trial Court has simply issued a notice of application to the petitioner. The petitioner is always at a liberty to file an objection before the trial Court regarding the maintainability of the proceedings against her and in the event of such objection being filed, the trial Court is duty bound to decide the same in accordance with law. Resultantly, this Court is of the opinion that the proceedings of the application filed by the respondent qua the petitioner are not liable to be rejected at this stage.