GUNJA KUNAL CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It has been reported by the office that the notice issued to the respondent No.2 through ordinary process has duly been served on the said respondent.

(2.) The present writ petition has been filed for quashing the order as contained in memo No. 2892 dtd. 10/10/2019 (Annexure-2 to the writ petition) passed by the Chairperson, State Women Commission, Jharkhand, Ranchi [hereinafter referred to as the said Commission"] in Case No. 258/2019 whereby she has directed the Officer-in-Charge of Kotwali Police Station, Ranchi to evict the petitioner form her matrimonial home.

(3.) The factual background of the case in brief, as stated in the writ petition, is that the petitioner was married to one Kunal Choudhary on 12/3/2015 and a male child was born out of the said wedlock, who is presently about 6 years old. Sometime after marriage, the matrimonial relationship between the petitioner and her husband deteriorated which compelled the petitioner to file Complaint Case No. 3004/2018 under Ss. 498(A)/379/120(B)/323/341 IPC and Ss. 3 and 4 of the Dowry Prohibition Act. The petitioner's husband also filed a matrimonial Suit being O.S. No. 332/2018 under Ss. 13(1)(ia) of the Hindu Marriage Act seeking decree of divorce, however, the same ended in a compromise on 28/9/2018 with an undertaking of the petitioner's husband to pay maintenance of Rs.2,000.00 per month to the petitioner. According to the petitioner, the said maintenance was not paid to her, which led to filing of another case against her husband being Original Maintenance Case No. 107/2019 under Sec. 125 Cr.P.C.for grant of the maintenance. The mother-in- law of the petitioner (the respondent No.3) also filed a complaint case against the petitioner and her family members under Ss. 341/323/325/379/504/506/34 IPC. The said complaint case was referred by the concerned criminal Court under Sec. 156(3) Cr.P.C leading to registration of Kotwali P.S. Case No. 177/2019 on 1/7/2019 under Ss. 323/379/504/506/34 IPC.