A.R.Venugopal v. Sumathi
Case brief
What is this about?
Venugopal sought quashing of domestic violence proceedings initiated by his wife, claiming multiple claims. The court rejected the plea, holding the proceedings maintainable and dismissing the petition.
What did the court decide?
The criminal original petition was dismissed and the quashed and dissolved.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.2171 of 2011 and M.P.Nos.1 & 2 of 2011
A.R.Venugopal ... Petitioner
Vs
1.Sumathi
2.Minor Rajalakshmi ... Respondents
Prayer:- Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure to call for the records in
D.V.A.No.45 of 2010 on the file of the learned Judicial
Magistrate No.VI, Coimbatore, Coimbatore District and quash
the same.
For Petitioner : Mr.D.Senthil
for M/s.N.Sudharsan
For Respondents : Mrs. M.Sumathi Venu
Party-in-person
ORDER
This Criminal Original Petition has been filed to call for the records in D.V.A.No.45 of 2010 on the file of the Judicial Magistrate No.VI, Coimbatore, Coimbatore District and quash the same.
- When the matter is taken up for hearing, the learned counsel appearing for the petitioner sought for adjournment, which was rejected. The first Respondent Sumathi is present in- person.
- It is seen that Sumathi got married to Venugopal on 03.09.1992 and they have two children through the wedlock. Since Venugopal and his family members had ill-treated Sumathi, she filed proceedings under the Domestic Violence Act in D.V.A.No.45 of 2010 before the Judicial Magistrate No.VI, Coimbatore, challenging which, Venugopal has filed the quash petition in the year 2011.
Issues for consideration
2 issues framed by the court
Whether the Domestic Violence proceedings are maintainable despite pending matrimonial petitions.
Whether multiple claims by the aggrieved party against the husband can be challenged to quash the proceedings.
Parties & counsel
- petitioner
A.R. Venugopal
- respondent
Sumathi
- respondent
Minor Rajalakshmi
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court