Sandeep Mehta, J. - (1.) The instant misc. petition has been filed by the petitioners seeking quashing of the proceedings of the Complaint No. 46/2009 pending in the Court of Additional Chief Judicial Magistrate, Badi Sadri District Chittorgarh under the provisions of the Domestic Violence Act.
(2.) The petitioners herein are the son and wife respectively of late Rameshwarlal. The respondent No. 2 claiming herself to be wedded to late Rameshwarlal filed an application under Sections 12 and 23 of the Domestic Violence Act against the petitioners with the allegation that after the husband Shri Rameshwarlal expired, the petitioners herein deprived her from her husband's property, the service benefits to which she was entitled upon the death of her husband as well as the share of the property of her husband.
(3.) Learned counsel for the petitioners submits that the claim of the complainant regarding her being entitled to the benefits upon the death of her husband Rameshwarlal is absolutely unfounded. He submits that admittedly, the deceased Rameshwarlal was having a prior subsisting valid marriage with the petitioner No. 2 i.e. Ramibai referring to the service documents of the deceased.;