K.Kesavan v. S.Gayathri
Case brief
What is this about?
Quashed domestic violence proceedings against petitioners (in-laws) as allegations were baseless and they lived separately. Ordered Rs. 5,000 monthly maintenance deposit by husband. Directs completion of trial within six months.
What did the court decide?
Quashed domestic violence proceedings against petitioners; ordered husband to deposit Rs. 5,000 monthly as maintenance; directed trial to be completed within six months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2020
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.6482 of 2020 and CRL.M.P.3579 of 2020
1.K.Kesavan 2.V.Praba 3.K.Sekar ...Petitioners/Respondents 2 to 4 Vs. S.Gayathri W/o.K.Sridhar ...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to D.V.C.No.21 of 2019 pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and quash the same. For Petitioners : Mr.N.S.Sivakumar For Respondent : Mr.S.N.Subramani O R D E R
This Criminal Original Petition has been filed to quash the proceedings in D.V.C.No.21 of 2019, filed by the respondent herein, pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai.
- The petitioners are in-laws of the respondent and the marriage between K.Sridhar and the respondent Viz.,Gayathri was solemnized on 04.09.2016. Thereafter, due to matrimonial disputes the respondent and her husband were living separately from the matrimonial home. Under this circumstance, the respondent herein filed a petition under Domestic Violence Act in D.V.C. No.21 of 2019 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and implicated the petitioners as
Issues for consideration
3 issues framed by the court
Whether proceedings under the Domestic Violence Act against in-laws can be maintained when the petitioner-in-laws are living separately and allegations of harassment are false.
Whether a protection order against in-laws who are not implicated in the violence can be quashed.
Whether the domestic violence proceedings can be quashed against petitioners on condition that maintenance is fixed against the husband.
Parties & counsel
- petitioner
K.Kesavan
- respondent
V.Praba
- respondent
K.Sekar
Coram
Case details
As recorded by the court registry
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