However, in the application filed by the respondent seeking his discharge, while highlighting the circumstance that Manjula had never lived with the respondent in his matrimonial home right from inception, it was further contended that since according to her she was forced into the marriage, she had continued to live with her mother and therefore, the question of the respondent harassing her did not arise. This circumstance was further fortified by the fact that Manjula herself had filed a petition before the Court of the Magistrate invoking the provisions of the Protection of Women From Domestic Violence Act, 2005 and in the course of those proceedings, had declared that she had never lived with the respondent for a single day. The said petition having been dismissed, was also taken note of by the court below and as regards the allegation that the petitioner had called her on her cell phone to the place where she was found dead and murdered her, was sought to be established by producing the cell phone and the sim card of the respondent and the deceased Manjula. However, no
