Pritikana Basak v. Mohua Basak
Protection of women from Domestic Violence Act – S.12 read with Ss.18/19/20/22/23; S.2(f)
Case brief
What is this about?
CRR 1483 of 2022, Pritikana Basak v. Mohua Basak, order dated 15.01.2025 (Shampa Dutt (Paul), J.). Criminal revision by the mother-in-law for quashing of proceedings in C. No.2376 of 2021 pending before the Judicial Magistrate, First Class, Barasat North 24 Parganas under Section 12 read with Sections 18/19/20/22/23 of the Protection of women from Domestic Violence Act, initiated by the daughter-in-law against her husband and mother-in-law. Court held the plea of absence of 'domestic relationship' under Section 2(f) is a fact subject to proof before the trial court and declined to entertain the quashing prayer at the revisional stage as an abuse of process; application disposed of with liberty; interim order vacated.
What did the court decide?
Liberty to the petitioner to raise the issues agitated in the revisional application before the trial court at an appropriate stage, which the trial court shall consider in accordance with law; interim order, if any, vacated; connected applications disposed of; copy of order to be sent to the trial court.