New Delhi [India], February 28 : The Delhi High Court on Thursday dismissed a plea moved by a Squadron Leader of Indian Air Force for quashing of a domestic violence complaint filed by his wife.
The wife, also an Army officer, had filed a complaint against her husband and her in-laws.
The petitioner husband sought quashing on the grounds that the trial court at Delhi does not have jurisdiction and that the respondent wife is not entitled to maintenance for herself and her daughter.
Justice Neena Bansal Krishna dismissed the plea after considering the submissions.
"It is, therefore, concluded that there is no justifiable ground shown by the Petitioners entitling them for quashing of the Complaint," Justice Neena Bansal Krishna said in the judgment.
"The averments made in the Petition are based on merits which are to be appreciated by the learned Metropolitan Magistrate who may pass appropriate orders after considering the rival contentions of the parties," the bench observed.
The petition was filed for quashing of complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act), pending before the trial court.
The petitioner married the respondent on November 26, 2011, according to Hindu customs and rites. Thereafter, they lived together in their matrimonial home in Allahabad for about one month. Subsequently, both of them resided at the places of their postings.
He sought quashing of the petition under the D.V. Act on the ground that the Delhi court does not have territorial jurisdiction to entertain the petition as the respondent never resided in Delhi.
It was stated that the respondent is, in fact, one year older than Petitioner and also senior in service to him. It is not reasonable to expect that the petitioner would commit any act of Domestic Violence against her.
The respondent asserted that she has her permanent residence in Delhi at her parents' house in Qutub Garh.
She further stated that having been deserted by the petitioner, she took leave and came to Delhi with her minor daughter and started residing at her parental home. While she was in Delhi in her parental home, the present petition under Section 12 D.V Act was filed.
She, being a defence personnel, has to move to different places owing to her professional commitments. The present petition is, therefore, maintainable at Delhi, she said.
It was admitted that the Respondent is the 50 per cent owner of land purchased at Pargana Sorav, Gram Behmalpur, in Allahabad admeasuring 342 sq. mtrs.
On the contrary she stated that she was compelled to invest her hard-earned money into the purchase of the land as per the wish of the parents of the petitioner.
She contributed about Rs 4 to 5 lakh even though she had no inclination to purchase the property, but she succumbed to the pressure in order to maintain peace and harmony at home.
The High Court said that it is essentially a civil proceeding and it is for the learned Magisterial Court to decide on merits whether the Respondent Wife is entitled to any relief or any Orders as sought by her in her Petition under Section 12 of D.V. Act.
"It cannot be held at this stage that the proceedings are vexatious and liable to be quashed," the court said.