Jagadeesh Alagundagi v. Victoria Sahaya Rani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P Nos.903, 3754, 15685 of 2019, and Crl.M.P Nos.583, 2344, 7790 and 7791 of 2019 Jagadeesh Alagundagi
...Petitioner in
Crl.O.P No.903 of 2019 1.Rathina Alagundagi 2.Annapurni Alagundagi
...Petitioners in
Crl.O.P No.3754 of 2019 Mani Alagundagi
...Petitioner in
Crl.O.P No.15685 of 2019 Vs.
Victoria Sahaya Rani
...Respondent in
all Crl.O.Ps.
COMMON PRAYER in all Crl.O.Ps: Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, to call for the records in D.V.C No.19 of 2018 pending on the file of the learned Judicial Magistrate No.III, Puducherry and quash the same.
For Petitioners: Mr.Senthilkumar V.S in all Crl.O.Ps For Respondent : No Appearance in all Crl.O.Ps
ORDER
The petitioners who are the husband and the in-laws of the respondent have filed these petitions seeking to quash the proceedings initiated by the respondent under the Domestic Violence Act.
2. The learned counsel for the petitioners submitted that the very proceedings is an abuse of process of Court since the respondent has already filed a divorce petition in M.O.P No.160 of 2018 before the Family Court, Puducherry and the Family https://hcservices.ecourts.gov.in/hcservices/
Court, Puducherry by a judgment and decree dated 15.05.2018, had dissolved the marriage between the petitioner in Crl.O.P No.15685 of 2019 and the respondent. After obtaining a decree of divorce, the respondent has filed the domestic violence petition before the Court below in June 2018. The learned counsel further submitted that the Court below ought not to have entertained the petition since the marriage itself has been dissolved on 15.05.2018.
3. The respondent has been served and her name has also been printed in the cause list. However, there is no representation for the respondent.
4. Taking into consideration the facts and circumstances of the case, this Court is of the considered view that the proceedings initiated by the respondent is an abuse of process of Court, more particularly, since the respondent had filed a divorce petition and had obtained divorce by judgment and decree dated 15.05.2018.
5. In the result, the proceedings in DVC No.19 of 2018 on the file of the learned Judicial Magistrate No.III, Puducherry is hereby quashed and all these Criminal Original Petitions are allowed. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar uma To 1.The Judicial Magistrate No.III, Puducherry.
2.do Thro The Chief Judicial Magistrate, Puducherry.
+1cc to Mr.Senthilkumar V.S, Advocate sr.62107 CRL.OP.Nos.903, 3754, 15685 of 2019 and Crl.M.P.Nos.583,2344, 7790 and 7791 of 2019 ss(co) nr 19/09/2019 https://hcservices.ecourts.gov.in/hcservices/