RAKESH CHOUDHARY AND ORS Vs. VANDANA CHOUDHARY

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C), petitioners seek quashment of the complaint under Sections 12 and 23 of J&K Protection of Women from Domestic Violence Act, titled "Vandana Choudhary vs. Rakesh Choudhary and ors., pending in the court of Munsiff, Samba. Petitioners also seek quashment of ex-parte order dated 29.08.2017 passed by the said Court in the complaint, by virtue of which the trial court has directed petitioner No.1 to pay/provide Rs.3,000.00 as monthly interim maintenance allowances to the respondent from the date of passing of the order.

(2.) The case of the petitioners is that marriage of petitioner No.1 with the respondent was solemnised on 25.02.2004 at Vijayupr, District Samba, according to Hindu Rites & Customs and out of the said wedlock, one daughter, namely, Shriya Choudhary and one son, namely Udhey Choudhary were born, who are putting up with the petitioners. It is stated that respondent has left her matrimonial house without any reason, cause or excuse and is living in her parental house and has deserted/abandoned the petitioner No.1 as well as her children and is continuously living with her parents since 5th Aug., 2015. The petitioner No.1 filed a divorce petition against the respondent, which is pending in the court of Additional District, Judge (Matrimonial Cases) Jammu since Sept., 2015 and in the said divorce petition, the respondent appeared and also filed the objections, but in the meanwhile, the respondent filed the complaint/application under Sections 12 and 23 of J&K Protection of Women from Domestic Violence Act, 2010 against the petitioners before the court of Chief Judicial Magistrate, Samba. It is further stated that on 29.08.2017 the said complaint was transferred to the court of Munsiff Magistrate First Class, Samba and the learned Magistrate without summoning the petitioners, passed the impugned order dated 29.08.2017, thereby directing the petitioner No.1 to pay Rs. 3000.00 per month as interim maintenance allowance to the respondent from the date of passing of the said order.

(3.) The petitioners seek quashment of the complaint under Sections 12 and 23 of J&K Protection of Women from, Domestic Violence Act, titled "Vandana Choudhary vs. Rakesh Choudhary and ors., pending in the court of Munsiff, Samba and also the ex-parte order dated 29.08.2017 on the following grounds:-