The wife had filed a complaint against her husband and her mother-in-law.
She had made allegations against her husband only and not against her mother-in-law.
She had filed FIR against her husband, wherein she had put allegations against her husband only and not against her mother-in-law. FIR was against the husband under Section 323/406/498A.
Our patron stated before the court that where there is a dispute between the wife and her husband only, proceedings against the in-laws of the wife would be nothing but an abuse of the process of law.
The court found that she has made entire allegations against the husband only. The wife made no allegations against her mother-in-law.
The court held that the dispute was between the respondent and her husband only. After filing the FIR, she left her matrimonial house. After filing the FIR, she filed the complaint under the DV Act.
Court stated that the complainant raising allegations against the mother-in-law that was not there in the FIR is an abuse of the process of law.
Continuation of criminal proceedings against the mother-in-law would be nothing but an abuse of the process of law.
The court set aside the order passed by the trial court, summoning the mother-in-law.
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