@JUDGMENTTAG-ORDER
H.S. Kempanna, J.@mdashThe petitioners have filed this petition praying to quash the proceedings in C. Misc. No. 112/2011 pending on the file of the IV Addl. Civil Judge (Jr. Dvn.) and JMFC, Mysore. The respondents herein, who are wife and children of the first petitioner, have instituted C. Misc. 112/2011 under the provisions of Domestic Violence Act seeking for various reliefs including the relief of maintenance and interim maintenance.
2. It is the contention of the respondents that the petitioners, who are husband, in-laws and sister-in laws, living under the same roof, have not provided any right of residence to her, her children and have also neglected and deserted to maintain them. They have no other shelter of their own and also no source of income to maintain themselves. The matter is pending adjudication before the Court. It is brought to my notice in the said proceedings, on an application filed by the respondents herein the learned Magistrate has awarded an interim maintenance at the rate of Rs. 5,000/- per month to each of the respondents. That order has reached finality in this Court in Crl. P. No. 6036/2013. The contention of the learned counsel whether the wife herself has deserted the husband or otherwise are matters which has to be gone into at the stage of appreciation of evidence before Court below. This Court in this petition u/s 482 of Cr.P.C. cannot go into the same dept to unravel the matter, which is urged in this petition. Therefore, I do not find any merit in this petition. Accordingly, it is dismissed.
