CRM-M-39768 of 2016 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39768-2016 (OM)
Date of Decision: 02.08.2018
Vipinder Pal Singh Sidhu and others
….Petitioners
Versus
Jashanjeet Kaur
….Respondent
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Raman Mahajan, Advocate
for the petitioner(s).
Mr. Ashwani Sharma, Advocate
for the respondent.
****
ANITA CHAUDHRY, J
The instant petition has been filed under Section 482 Cr.P.C.
for quashing the complaint filed under the Domestic Violence Act.
Petitioner No.1 is the husband, petitioners No.2 and 3 are father-in-law and
mother-in-law while petitioner No.4 is the sister-in-law of the respondent.
In brief the facts pleaded by the petitioners; respondent was
married to petitioner No.1 on 19.11.2005. A daughter was born to them in
November, 2008. The respondent and petitioner No.1, after marriage, stayed
initially in a rented accommodation in Mohali and in May, 2006 they went
to the parental house in Village Bidowali for two weeks. A close relative
had died in an accident and they attended the bhog ceremony and thereafter
the respondent did not go to the village. The petitioners claim that
1 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -2-
petitioner No.1 and the respondent stayed at Mohali and respondent started
working with Healthyway Immigration Services Limited, Sector-42,
Chandigarh and in June, 2007 the couple shifted to Noida and the
respondent started working in a School in Noida. The couple shifted to
Mohali in August, 2009. It was pleaded that petitioner No.1 was finding it
difficult to concentrate on his work as during their stay in Delhi, the
respondent had been attending late night parties with her friends, returning
home late drunk and she stopped taking care of the daughter. On return, the
respondent opened her own boutique by the name of Temble/Tia Design
Studio in September/October 2010 at parental house. It was pleaded that
due to the conduct of the respondent, life of petitioner No.1 became hell and
he moved out of the rented accommodation i.e. House No.2009, First Floor,
Phase 10, Mohali w.e.f. 11.05.2011. It was claimed that the respondent also
locked the house and moved along with the daughter and started living in
her parental home in House No.2047, Phase-10, Mohali. Petitioner No.1
filed a divorce petition in March, 2012 which was dismissed in 2014. FAO
was pending in the High Court. It was pleaded that a complaint was filed
and notice was issued by the Magistrate without calling for the report of the
protection officer and petitioner No.1 had filed his reply detailing the
factual position on 19.07.2013 and even at that time, the report from the
CDPO had not been received. The petitioners had appended the
photographs, copy of the divorce petition and documents relating to the Tia
Design Studio set up by the respondent. It was pleaded that the respondent
had filed a complaint against the petitioners and after recording preliminary
evidence, petitioners were summoned. It was pleaded that petitioners No.2,
3 and 4 had filed an application dropping the proceedings against them and
2 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -3-
the respondent had filed reply to the application. Meanwhile, CDPO
appeared before the Judicial Magistrate and sought time to file report and
the case was adjourned and the CDPO had filed the reply but the respondent
failed to respond to the application filed by them and the case was
adjourned time and again and the Magistrate allowed maintenance of
Rs.25,000/- without deciding the application. It was pleaded that the Court
below did not consider the fact that the respondent was not in the domestic
relationship with the petitioners and the respondent had made false
allegations accusing petitioner No.1 forcing her to watch pornography or
forcing her to get money from her parents while they were staying at Noida.
It was pleaded that the respondent concealed the fact that she was admitted
in Max Hospital for one day on account of food poising and not on account
of overdose of sedatives. It was pleaded that the rented accommodation was
kept locked and the respondent removed all her belongings and shifted to
her parent’s house and the Court did not appreciate the fact that they were
not in a domestic relationship with either of the petitioners. It was pleaded
that respondent No.1 had got married in February, 2004. It was pleaded that
the general and vague allegations had been levelled. It was pleaded that
petitioner No.1 had been paying the rent though he had vacated the house in
May 2011 and the respondent had moved to her parent’s house. It was
pleaded that an eviction petition was filed by the owner which was allowed
and the key of the premises was handed over by the father of the respondent.
It was pleaded that petitioner No.1 was continuously paying maintenance.
In the reply submitted by the respondent, it was admitted that
initially the couple shifted to a rented accommodation. It was pleaded that
couple shifted to the parental home in May, 2006 as petitioner No.1 was a
3 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -4-
lawyer and wanted to start his practice in District Court, Bathinda but after
sometime they returned to Mohali, It was admitted that she had started
working with Healthyway Immigration Services Limited, Sector-42,
Chandigarh and petitioner No.1 started his practice in the High Court. It was
admitted that her close relative had died in May 2006. It was admitted that
in June, 2007 they had shifted to Noida and it was admitted that they shifted
back to Mohali in 2009. It was pleaded that divorce petition was dismissed
and the FAO was pending. It was further averred that petitioner No.1 had
deserted the respondent and his daughter and was not maintaining them and
the order of eviction was passed in the eviction petition in collusion with the
landlord. It was pleaded that she used to occasionally visit her parent’s home
as both of them were old. It was claimed that she gave a complaint to the
police but no action was taken on the account of the influence exercised by
the petitioner’s family who were well connected. It was pleaded that notice
could be issued in the Domestic Violence complaint without waiting for the
report of the CDPO. It was pleaded that the Tia Design Studio was
maintained by her mother and not by her and that business was closed down
in 2012. It was admitted that maintenance of Rs.25,000/- was allowed on
09.12.2013. It was pleaded that she had vacated the rented accommodation
and was presently residing in House No.1125, Sector-37B, Chandigarh on
monthly rent and she had filed an application in the complaint for recovery
of the rent. It was pleaded that she was still in domestic relationship with all
the petitioners and the marriage is subsisting. It was pleaded that it was not
necessary that the parties live together in a shared household and it is
sufficient if they had lived together at any point of time in the past. It was
claimed that false allegations have been levelled that she was admitted in
4 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -5-
Max Hospital on account of food poising. It was pleaded that the order of
maintenance was challenged however the appeal was dismissed with
modification and it was ordered that petitioner No.1 alone would be
responsible for payment of maintenance. It is pleaded that in the complaint
had given incidents of domestic violence committed by the petitioners in
Para 5(a) to (h) the respondent claimed that petitioner No.1 humiliated,
harassed and maltreated her. It was pleaded that the child was not medically
fit as was suffering from bone dis-function and was studying in Yadvindra
Public School, Mohali.
I have heard both the sides.
The submission on behalf of the petitioners is that the couple
was married in 2005 and they live together in a rented accommodation and
had never stayed with the in-laws. It was urged that a complaint was filed
which was sent to the police under Section 156 Cr.P.C. and the trial had
ended in acquittal and the same incidents have been levelled in the
complaint filed under the Domestic Violence Act. It was urged that the trial
Court had issued notice to all the respondents in the complaint case without
even verifying whether they were living in the shared household or that they
have ever stayed together. It was urged that the complaint had been filed for
harassment of the husband and his family members which included the
married sister-in-law of the complainant. It was urged that petitioner No.4
was married in 2004 while petitioner No.1 was married to the complainant
in 2005. It was contended that petitioners No.2 and 3 are the parents of
petitioner No.1 and they were living in a different house and had never lived
with the husband. It was urged that parents of petitioner No.1 and the sister-
in-law had filed application before the Court below seeking dismissal of the
5 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -6-
complaint as against them but the trial Court kept on adjourning the matter
and did not hear arguments on their application and decided the application
filed for interim maintenance. It was urged that the complaint under the
Domestic Violence Act would be maintainable if there was a domestic
relationship which is not in this case and the filing of the complaint is abuse
of the process of the Court. Reliance was placed upon ‘Sanjay Hindwan Vs.
State Information Commission and others, 2016(3) RCR (Civil).’
On the other hand, the submission on behalf of the respondent
is that the allegations against all the petitioners and complaint under the
Domestic Violence Act would be maintainable even where the FIR or
complaint had been filed under Section 498-A IPC as relief claimed are
different and this issue had been examined in ‘Geeta Kapoor and another
Vs. State of Haryana 2014(1) RCR(Criminal) 942’. It was urged that a wife
can claim maintenance from the husband even where she has filed a petition
under Section 125 Cr.P.C. as held in Criminal Revision No.783 of 2017
titled as ‘Sanjay Gulati Vs. Harsh Lata’ decided by this Court on
26.04.2018. It was contended that the Magistrate had allowed the
maintenance and acquittal in the complaint under the Indian Penal Code
would not have any effect as they are claiming monetary relief and
residence order and it is for the trial Court to examine these questions.
It is not disputed that the parties were married in 2005 and they
have two daughters which were born in 2009 and 2012. A complaint was
given to the police in March, 2013 which led to registration of the FIR and
after the complete trial, acquittal was recorded.
It is not in dispute that the couple lived in the rented
accommodation in Mohali. The complainant had alleged that she was
6 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -7-
subjected to continuous domestic violence and she had suffered mental
trauma on account of his unnatural behaviour. She made allegations of
physical assault in 2008 and had referred to miscarriage which occurred in
2008. It is not disputed that the husband had left the rented accommodation
in May 2011 while the complainant continued to live in those premises. The
allegations are that the husband stopped paying rent and proceedings for
eviction were initiated and a suit for recovery was filed by the landlord
which was allowed in February, 2018. A copy of the judgment dated
07.02.2018 was placed on record by the respondent. Allegations in the
complaint so far as the relatives of the husband are concerned are that
Istridhan was pawned by them. The complainant had asserted her right to
live in the shared household. It is not in dispute that a divorce petition had
been filed by the husband.
The relief claimed by the petitioner primarily was that the
respondent should not give any threat, respondent should be ordered to pay
the rent, electricity charges of the rented accommodation, the respondent
should be restrained from entering the rented accommodation and for
monetary relief.
The above would show that the main relief sought for are
against the husband. The petitioners have placed on record material to show
that the parents had disowned their son vide Annexure P-8 and it appears
from the pleadings that the respondent had never stayed with the in-laws nor
their house was the matrimonial home. The parents were living separately in
a different house and that was not the shared household. The sister-in-law is
married and living separately as is evident from the memo of parties given
in the complaint. Their addresses are mentioned. There is no plea by the
7 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -8-
complainant that all of them have lived together in the same house after
marriage. It appears that the complainant had impleaded the parents and the
sister-in-law with a view to harass them or to pressurize the husband to give
in and it is an abuse of the process of the Court.
Petitioners No.2 to 4 had rightly pleaded that the complaint
against them was not maintainable as it did not have necessary ingredients
on maintaining a petition under the Domestic Violence Act as there was no
relationship as defined in the Act. The purpose of the Act is to provide relief
to the aggrieved person against domestic violence and domestic violence
can take place where some or one of them had lived together in a shared
household. Violence committed by a person while living in the shared
household would only constitute domestic violence. If a threat is given or a
demand is made through any other electronic device then it would be an
offence under the Indian Penal Code and would not amount to domestic
violence. Similarly, the economic abuse and physical abuse can take place
when the persons are living together. If the persons are living far away such
abuses would not covered under the Domestic Violence Act.
A perusal of the complaint would show that petitioners No.2 to
4 were living in different houses and were not living in a shared household
nor I find that there are no allegations against them which need to be tried.
The allegations are vague as against them. The complaint against them is
nothing but a misuse of the process of the Court. The Magistrate without
examining whether the domestic relationship existed or whether there was a
shared household, issued notice without looking into the provisions of the
Act. Therefore the complaint and the notice issued to these petitioners i.e.
petitioners No.2 to 4 are quashed.
8 of 9
12-08-2018 23:46:14 :::
CRM-M-39768 of 2016 -9-
So far as the petition filed by the husband is concerned, the wife is
seeking monetary relief, a right of residence. It is true that she was claiming
residence in a rented accommodation but the premises were vacated as there
was litigation at the behest of the landlord but those are matters which the
trial Court can only examine after considering the reply and examining the
documents which the parties may submit.
So far as the maintenance is concerned, no doubt the wife can
file and claim under the different Acts but ultimately the Court while
awarding maintenance subsequently has to consider and take into account
the maintenance which has already been awarded under any other Act.
There are certain conditions which the wife would fulfill when she can get
an order under Section 20 of the Act and those have to be proved. It is for
the trial Court to examine as to whether the complainant was able to prove
any act of violence at the hands of the husband.
As a consequence to the above, the petition is partly allowed
and the complaint and summoning order qua petitioners No.2 to 4 is
quashed. Petition qua petitioner No.1 is dismissed.
02 August, 2018 (ANITA CHAUDHRY)
ps-I JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
9 of 9
12-08-2018 23:46:14 :::