As per the case, a doctor couple got married without the knowledge of their parents in 2002. Two years later, after their families came to know of it, a wedding reception was held in Thoothukudi, where the groom’s parents live. As they were practising in Chennai, the couple purchased a flat in Anna Nagar West and was living there with a son and daughter.
The woman said in the complaint that she was thrown out from the house by her husband in 2013 and has since been living in her parental home in Chetpet with her two children.
She lodged a complaint in 2014 to the Social Welfare Officer under the Protection of Women from Domestic Violence Act, 2005, against her husband and his parents. She then initiated proceedings in the Egmore Metropolitan Magistrate court against them.
Passing orders on the quash petition, Justice PN Prakash pointed out that the parents were living in Thoothukudi, which is about 600 km away from Chennai. In the complaint dated February 14, 2014, submitted to the Social Welfare Officer, the woman has made lot of allegations against her husband. But, in passing, she said her parents-in-law were instigating her husband to demand dowry and harass her.
“It is true that the proceedings under the DV Act should not be quashed in a cavalier manner, unless the averments are very frail. On an overall assessment of the facts and circumstances of the case, this court does not find sufficient materials to make the couple come all the way to Chennai from Thoothukudi to face the domestic violence proceedings,” Justice Prakash added while ruling in favour of the couple.