Babu v. S.Chitra
Case brief
What is this about?
High Court quashed proceedings in a Domestic Violence Act case against the petitioner in-laws, holding allegations false and residence separate. Court ordered husband to deposit interim maintenance and directed trial completion within six months.
What did the court decide?
Quashed proceedings against petitioners; directed husband to deposit Rs. 5,000/month as interim maintenance; trial to be completed within six months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2020
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.4423 of 2020
and
CRL.M.P.Nos.2540 and 2541 of 2020
1.Babu
2.Malathy ... Petitioners
Vs.
S.Chhitra,
W/o.Premkumar ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to D.V.C.No.93 of 2019 pending on the file of the XXIII Metropolitan Magistrate, Saidapet, and quash the same.
For Petitioners : Mr.K.T.S.Sivakumar
For Respondent : Mrs.Jamuna Kilari
Issues for consideration
3 issues framed by the court
Whether criminal proceedings initiated under the Protection of Women from Domestic Violence Act against in-laws can be quashed.
Whether interim maintenance can be ordered from the husband for the benefit of the respondent while quashing proceedings against petitioners.
What directions can be issued regarding the pendency and trial period of the main domestic violence case.
Parties & counsel
- petitioner
Babu
- petitioner
Malathy
- respondent
S. Chhitra
Coram
Case details
As recorded by the court registry
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