Coram: Justice G.M.Akbar Ali
Facts In brief
The petitioner's son one Suresh married to the first respondent on 30.06.1999. Out of the said wedlock, two children were born and the matrimonial life was not happy. Because of difference of opinion between them, the first respondent, who is the wife, harassed in all possible ways including giving false complaint and the petitioner's son issued a legal notice, seeking divorce and the first respondent filed a suit for partition claiming a share in the property owned by the petitioner's son. The first respondent has also given a complaint and a case was for the alleged offence under Sections 498-A, 406 and 294(b) of I.P.C. The first respondent has filed M.C.No.36 of 2008 and Crl.M.P.No.4742 of 2008, on the file of the learned Judicial Magistrate, Vedasandur, under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 and the petitioner has granted shared household rights without any basis and also claimed monetary relief under Sections 17 & 19 of the Act and the impugned complaint is not maintainable against this petitioner. It is only a harassment, which has to be quashed, otherwise, irreparable loss will be caused to the petitioner.
Judgment
In this case it was held that in the guise of passing an order under Section 19(1)(b) of Domestic Violence Act, such women members of the family cannot be directed to be removed from the shared household
