- (1.) This writ petition has been filed with the prayer to quash the impugned orders dated 1.3.2014 and 18.11.2014 passed by the Special Chief Judicial Magistrate, Agra and Special Judge (D.A.A.), Agra respectively in complaint case no. 125 of 2012 under Section 12 of the Prevention of Women from Domestic Violence Act, Police Station Sadar, district Agra.
(2.) Submission of learned counsel for the petitioner is that proceedings against the petitioner is an abuse of process of law. Complaint is filed against the female members also and which is legally not entertainable. It was further argued that besides the present case opposite party no. 2 has also started criminal proceedings under Section 125 Cr.P.C. andunder Section 498-A IPC etc. against the petitioner. The petitioner is the father-in-law of the opposite party no. 2 hence he could not be fastened liablity to pay any amount. Thus the order passed by the concerned Magistrate under Section 23 of the Protection of Women from Domestic Violence Act is against law.
(3.) Learned cousnel for the petitioner at this juncture referred to the law laid down by the Hon'ble Supreme Court in the case of S.R. Batra Vs. Taruna Batra, 2006 LawSuit(SC) 1211 and argued that this court has has clearly held that claim of alternative accommodation can only be made against the husband and not father-in-law or other family members.;