N. VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioners seeking to quash the proceedings in Cr.M.P.No.2933 of 2009, on the file of the learned Judicial Magistrate No.V, Madurai, as against the petitioners herein.

(2.) LEARNED counsel for the petitioners submitted that the respondent herein married the first petitioner in the year 2002 and she got separated in the year 2005. But, the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act") was filed only in the year 2009, when there was no domestic relationship at all between the respondent and the first petitioner herein. Learned counsel for the petitioners further submitted that in the petition filed by the respondent before the trial Court, apart from showing her husband as first respondent, she also unnecessarily included the other family members viz., father-in-law, mother-in-law and also unmarried sister-in-law, as the respondents and no specific allegations are made against them. Learned counsel for the petitioners further submitted that even as per Section 2(q) of the Act, only male members can be shown as respondents and not female members. The petition filed by the respondent herein before the trial Court is also not in Form No.II, as per Rule 6 of the Protection of Women from Domestic Violence Rules (hereinafter referred to as "the Rules").

(3.) THIS Court considered the submissions and perused the records.