Rakesh Sachdeva v Neelam Sachdeva, 2011 Cr.LJ 158, Jhar
The husband and his family members tortured the wife mentally and physically as she could not bear children. The husband compelled the wife to stay in his brother’s house and only occasionally visited her. So the wife filed an application under section 12 of the DV Act against her husband seeking protection orders. The husband filed an application for summary dismissal of the case which was dismissed. Aggrieved, the husband filed appeal in the sessions court which was dismissed. Thereafter, the husband filed an application for quashing in the High Court contending that the domestic incident report was not considered before commencing an enquiry and also the incidents of domestic violence took place before the commencement of the DV Act, thus it is bad in law. Dismissing the husband’s petition, the Jharkhand High Court held that the acts of deprivation from economic and financial resources, refusal of access to the shared household and threats of alienation of assets in which she has an interest or is entitled, by virtue of her domestic relationship with her husband, is allegedly still continuing against her, therefore, the DV Act would apply.