Tuesday, July 23, 2013

Husband can file complaint agnst wife. He can ALSO apprch HC & get directions to make police act on complaint

Husband can file complaint agnst wife. He can ALSO apprch HC & get directions to make police act on complaint 

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Important learning
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* husband and wife are doctors
* marriage breaks down in a week !! YEP one week 
* wife files complaint of sexual perversity and dowry against doctor !
* doctor (husband) alleges that wife and co came to his house and used derogatory language etc
* both file criminal cases on each other 
* initially doctor (husband) doesn't press complaint, is ready to compromise with wife. 
* but later wife approaches HC and gets dowry case registered
* so doctor also approaches HC and get directions to 

* clear case where educated professionals waste their lives

* clear case telling you that the government and police and courts enter your life the day your get married 

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS DOT NIC DOT IN SITE 

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:         28.08.2009

CORAM:

THE HONOURABLE MR.JUSTICE C.S.KARNAN

Crl.O.P.No.23057 of 2007

Dr. Mohana Venkatachalapathy .. Petitioner

Versus

The Inspector of Police,
All Women Police Station,
Salem Town, Salem. .. Respondent

Petition filed under Section 482 Cr.P.C to direct the respondent police to take the complaint of the petitioner dated 19.02.2007 and proceed in accordance with law.

For Petitioner     :   M/s. David Tyagaraj

For Respondent  :  Mr. R.Muniappa raj
  Government Advocate (Crl. Side)

O R D E R

The above Criminal Original Petition has been filed by the petitioner to direct the respondent police to take the complaint of the petitioner dated 19.02.2007 and proceed with in accordance to law.

2. The complaint has been lodged by the petitioner with the respondent police against his wife, Dr.S.Jayanthi, daughter of Subramanian.  The petitioner has stated that he married Dr.Jayanthi as per Hindu Customs on 14.06.2006.  For one week after marriage, they led a happy married life.  Thereafter, difference of opinion arose between them gradually.  In the result, Dr.Jayanthi informed the petitioner that she wanted divorce.  The petitioner did not agree to that and he wanted to live with her.  Dr.Jayanthi spoke through telephone with the petitioner and insisted for divorce, failing which, she would file a false case against the petitioner.  On 15.02.2007, Dr.Jayanthi came along with her relatives and supporters and collected all sreethana articles from the matrimonial house and removed her thali and threw it out.  Further, on 16.02.2007, at 10.30 p.m, she along with her supporters came to the petitioner's house and used derogatory language against him.  These are all the contents in the complaint.

3. Further, the petitioner narrated some more facts in the petition that his wife, Dr.Jayanthi, preferred a false complaint to the Deputy Commissioner of Police, Salem City on 17.02.2007, as against the petitioner and his family members, regarding sexual perversity and dowry demand.  On the said complaint, the petitioner and his family members were called for enquiry.  So, the petitioner was forced to lodge a complaint on 19.02.2007 against her on what had happened on 15.02.2007, to the Commissioner of Police, Salem.  The said complaint was forwarded to the respondent police.  Both complaints were enquired by the respondent police.  Finally, the petitioner and his wife came to a compromise as per some terms and conditions.
4. Thereafter, Dr.Jayanthi approached this Honourable Court for direction to register her case dated 17.02.2007 in Criminal Original Petition No.12696 of 2007.  This Court also was pleased to take the complaint and gave direction.  Accordingly, the respondent police registered a case in Crime No.9 of 2007 under Section 498(A), 506(2)  IPC and Section 4 of Dowry Prohibition Act.  On the basis of the said Crime No.9 of 2007, the petitioner and his family members approached this Court for anticipatory bail and the same was granted by this Honourable Court.

5. Considering the complaint and contents of the petition, the Court is of the view that the petitioner is not very particular to proceed with his complaint dated 19.02.2007, but on the contrary he is seeking reunion with his wife.  Hence, he has maintained silence.  Now, he wants to proceed with the same complaint, lodged against his wife, dated 19.02.2007.  Hence, it becomes mandatory on the respondent police to take up the complaint of the petitioner dated 19.02.2007 and register the same forthwith and proceed further in accordance with law.  Hence, the respondent police is directed to  take up the complaint of the petitioner dated 19.02.2007 and register the same forthwith and proceed further in accordance with law

6. Accordingly, the Criminal Original Petition is allowed.




mra

To

1. The Inspector of Police,
All Women Police Station,
Salem Town, Salem.

2. The Public Prosecutor,
    High Court, 
Madras