PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard learned counsels for the petitioners of both the cases, learned APP for the State and learned counsel for the opposite party no.2.

2. Both these Criminal Miscellaneous Applications arise out of Domestic Violence Case No.02 of 2011 filed by the opposite party no.2. In both these cases, the petitioners have assailed the entire proceedings arising out of Domestic Violence Case No.02 of 2011 pending in the Court of learned Judicial Magistrate, 1st Class, Patna.

3. During the pendency of Criminal Miscellaneous No.14545 of 2015, the petitioner no.1 namely, Hemant Gagan Singh, who was the husband of opposite party no.2 and petitioner no.2 namely, Devitri Prasad Narayan Singh, who was father-in-law have died. Therefore, this case stood withdrawn vide order dated 13.02.2023 as against the aforesaid two petitioners. Now, Criminal Miscellaneous No.14545 of 2015 is only confined to petitioner no.3, Kusum Singh, who is the mother-in-law of the opposite party no.2.

4. The petitioners of Criminal Miscellaneous No.51161 of 2022 are the brother-in-law and sister-in-law of the opposite party no.2.

5. These cases arise from the Domestic Violence Case No.02 of 2011 preferred by opposite party no.2- Anima Matri Singh against her husband and his family members inter alia alleging that her marriage was solemnized with the petitioner no.1-Hemant Gagan Singh (since deceased) on 29.06.2001 at Jaipur (Rajasthan) according to Hindu rites and rituals. In the marriage, the father of the opposite party no.2 has given Rs.3,00,000/- cash as well as gold and silver jewellery. It is further alleged that after the marriage the in-laws of the opposite party no.2 started torturing her for demand of dowry. It is stated that the opposite party no.2 stayed in her matrimonial home for eight months and during that period she came to know that her husband (deceased) was suffering from epilepsy and she was the caregiver of her husband during the aforesaid eight months period, however, it is alleged that the family members of her husband used to taunt her.

5.1. It is next alleged by the opposite party no.2 that during the aforesaid period of eight months she had conceived but due to misbehaviour of her in-laws, on 05.08.2002 she left her matrimonial home and came to her parents house in Patna where she gave birth to her son on 06.01.2003. Thereafter, the father of the opposite party no.2 tried to restore the matrimonial life of the parties by requesting the in-laws of the opposite party no.2 to take back the opposite party no.2 to her matrimonial house but all efforts of restoration of the matrimonial relationship failed.

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Disclaimer: Curated by HT Syndication.