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No Domestic relation – DV quash

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. – 48

Case :- APPLICATION U/S 482 No. – 19953 of 2016

Applicant :- Mohd. Alam @ Raja And 7 Ors
Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Ved Prakash Pandey
Counsel for Opposite Party :- G.A.

Hon’ble Pramod Kumar Srivastava,J.

Heard learned counsel for the applicants, learned AGA and perused the records.

The proceedings of Complaint Case No. 339/2014, Sections 18/12, 20, 21, 23 and 31 of Protection of Women from Domestic Violence Act? has been challenged.

Under these provisions, aggrieved person may be women or child under the age of 18 years. Applicants of said complaint case is wife and his three years’ son. The proceeding under said Act can be carried out against the ‘respondent’. The definition of ‘respondent’ is given in Section 2 (q) of said Act is as under:- “Section 2(q)-, “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

Thus respondent, against whom proceeding should proceed, must be adult male person, who is or has been in domestic relationship with aggrieved person. In present matter, applicants 3, 4, 5, 6 and 7 (who are opposite parties no. 2 to 7 of original case) are ladies. It is directed that trial court shall consider this point before proceeding before these ladies-applicants/accused. It was pointed out that applicant no. 8/OP No.- 8 Zahid resides in different district Moradabad and has never been in domestic relationship with applicants of the case. Before proceeding against him and other accused, the propriety of carrying out proceedings in light of above mentioned provisions will be considered by trial court.

With these observations, this application is disposed of.

Order Date :- 11.7.2016

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