Bangalore District Court
Suma vs N. V. Shekar Babu on 2 January, 2024
KABC040021242011
Digitally signed by
MANJULA
MANJULA BETTASWAMY
BETTASWAMY Date: 2024.01.06
10:50:24 +0530
Presented on : 11-11-2011
Registered on : 11-11-2011
Decided on : 02-01-2024
Duration : 12 years, 1 months, 21 days
IN THE COURT OF THE METROPOLITAN
MAGISTRATE TRAFFIC COURT-II, BANGALORE
Dated this the 2nd day of January 2024
:: P R E S E N T ::
Manjula B., B.A.L., LL.B.,
Metropolitan Magistrate, MMTC-II,
Bangalore
:: Criminal Misc. No. 555/2011 ::
PETITIONER:
1) Smt.Suma,
W/o Sri N.V.Shekar Babu,
Aged about 40 years,
R/at : No.10, 6th Cross,
LIC Colony, 3rd Block,
Jayanagar,
Bengaluru- 560 011.
(Represented by Smt. A.S.A., Advocate)
//Vs//
2 Crl. Misc. No. 555/2011
RESPONDENT :
1) Sri. N.V.Shekar Babu,
S/o N.v.Visweshwara Rao,
Aged about 45 years,
R/at : No.106,
Mahaveer Carpet Apartments,
Kengeri Upanagara,
Near Bethesda Church,
Bengaluru- 560 060.
(Represented by Sri. N.J.R., Advocate)
Date of institution of Petition 11/11/2011
Nature of the Petition Section 12 of PWDV Act
Date of pronouncement of 02/01/2024
Judgment
Total Duration Year/s Month/s Day/s
12 01 21
(MANJULA B.)
METROPOLITAN MAGISTRATE
MMTC-II, BENGALURU
:: JUDGMENT::
The Petitioner filed this petition for protection order, residence order, compensation order, maintenance order for her son, injunction order in respect of 3 Crl. Misc. No. 555/2011 petition schedule 'B' & 'C' Properties and other allied reliefs from the respondent, in the interest of justice and equity.
Petition Schedule 'A' Property All that piece and parcel of the immovable property bearing Sy. No. 26/1 situated at Valagerahalli, Kengeri Hobli, Bangalore South Taluk, Bangalore measuring 1 Acre 31 Guntas (approximately 77,284 Square feet) duly converted for residential purposes as per official memorandum bearing No. BDS.ALN.SR(S)263/2002-03 dated: 28/12/2002 on the file of Special Deputy Commissioner, Bangalore District and the building plan for ground, First, second and Third Floors approved by the concerned authority and bounded on:
East by : Road and Sy. No. 22/1A
West by : Property in Sy. No. 116
North by : Property in Sy. No. 19/2
South by : Road
Petition Schedule 'B' Property
All that piece and parcel of 337 square feet undivided right, title and interest in the schedule A Property is the subject matter of this sale deed out 77,284 square feet.4 Crl. Misc. No. 555/2011
Petition Schedule 'C' Property Residential apartment No.106, Ground Floor, Mahaveer Cornet, constructed on the schedule A Property bearing Sy. No. 26/1 situated at Valagerahalli, Kengeri Hobli, Bangalore South Taluk, Bangalore measuring super built up area of 750 square feet with the floors, ceiling and walls between units jointly belonging to such apartment owners equally, comprising of RCC roofing, cement blocks and mortar, steel windows and frames, sal/honewood frames and doors, ceramic flooring separate Electricity, common water and sanitation, including common area rights and one car parking slot bearing NO. 106 and including common area rights and one car parking slot bearing No.106 and including all rights, privileges, appurtenances thereto and bounded on East by : Set back West by : Passage North by : Flat No. 105 South by : Flat No. 107
2) Case of the Petitioner's in nutshell is as under :-
a) According to Petitioner, Respondent is her husband. Her marriage with the Respondent was solemnized on 02/09/1996 at Girija Kalyana Mandira, Thyagarajanagar, Bangalore as per their 5 Crl. Misc. No. 555/2011 family customs and it is her arranged marriage.
b) It is averred that, her parents spent Rs.
2,00,000/-(Rupees Two Lakhs Only) for her marriage. After marriage she joined the respondent in a rented house at Rajajinagar. The respondent was doing business of manufacturing sub-components contracts, spares and small special purpose machine and he operated his business from home. She/petitioner was working as a part time lecturer at BES College, Jayanagar.
c) It is averred that, both the petitioner and respondent went to Kodaikanal for their honeymoon. Their, she discovered that respondent was a habitual drunker and smoker. It is averred that, on 28/09/1997 she gave birth to a male child by name Adithya Kumar N.S. In the year 1998, respondent started new business of electrical panels in Partnership with colleague, in the name and style of Cera Industrial Engineers. Later on in the year 1999 the respondent started trouble with his business partner and he became a sleeping partner with minimum profits. To help the respondent come out of the financial problems, petitioner started working and joined Vivekananda Degree College in the month of July 1999.
6 Crl. Misc. No. 555/2011d) It is averred that the petitioner used to leave her son in the play home during her working. She/Petitioner found it hard to manage her 2 years old son and her job as Respondent never extended any support. She could not quit her job due to financial problems faced by the respondent. Thus, in July 2000 petitioner joined NMKRV College, Jayanagar, Bangalore and moved with her parents, they could take care of her son. Respondent joined a company Virtual Industries as Project Manager and used to earn Rs.25,000/- p.m. Respondent quit his job within 4 months.
e) It is averred that, in the month of July 2001 they shifted to a rented house in J.P. Nagar Bangalore. It was became difficult for petitioner to manage the rent, car EMI and respondent's credit card bills etc., as respondent had taken to severe drinking and smoking and was not supporting the petitioner in running their house. The respondent had become very abusive and started ill treating and harassing the petitioner. Unable to bear his abusive nature, petitioner moved to her parents house. The respondent got himself admitted to Divyashree in J.P.Nagar for alcohol de- addiction. He was diagnosed with bipolar disorder and was under life time medication 7 Crl. Misc. No. 555/2011 and periodical counseling.
f) It is averred that petitioner with a fond hope that respondent will mend his ways and with a view to save her marriage moved in with respondent to his house in Mallathahalli. In the year 2003 they took a house on lease at Rs.1,15,000/-. Petitioner borrowed Rs.75,000/- for the same, from her family. Petitioner clear the loan that she had taken from her family from her earnings. In July 2005 they purchased a flat in their joint names in Kengeri Upanagar which is detailed in the schedule B and C property for total cost of Rs.10,15,000/- and raised Rs.6,70,000/- through loan from the State Bank of Mysore and remaining amount was paid from the savings.
g) It is averred that respondent was doing consultancy design work and got orders worth Rs.50,00,000/- from Wipro. Respondent in order to meet the business needs wanted to establish a factory and he took cash credit from the State Bank of Mysore by giving the flat held in their joint names and also selling the property of the respondent's mother from Bangalore Development authority site in Anjanapura, as a security. Respondent did not complete the Wipro project 8 Crl. Misc. No. 555/2011 and Wipro stopped the payment. Thus respondent was in debt. He could not clear his debts and bank loans from his account. Also debtors started visiting the house frequently.
h) It is averred that, in July 2008 petitioner completed her M.Phil and joined Surana College PG Centre, petitioner's salary doubled from Rs.11,000/- to 22,000/- p.m. In February 2009 petitioner was given the responsibility of taking the students on tour to Singapore and Malaysia. The petitioner's parents came and stayed in her matrimonial house, so that they could take care of their grand- son Adithya Kumar N.S. and he would not miss his school. On the day of leaving for the trip respondent called upon the petitioner from Calcutta and asked her to cancel her trip. On petitioner refusing to do so, respondent abused her verbally using foul and filthy language and threatened her that he would not allow her to enter the house on her return.
i) It is averred that everyday during her trip respondent called the petitioner and abused and insulted her. On return of petitioner from her trip, abused and ill treated the petitioner and also her father and used filthy language and insulted both 9 Crl. Misc. No. 555/2011 of them. Next day respondent even ill treated his own son. Petitioner's belongings were strewn in the attic of the house. The behaviour of the respondent was continued and became worse day by day. Everyday one or the other thing of petitioner would go missing. He started accusing petitioner of having relationship with other men, causing mental harassment and torture. Petitioner went into depression due to the aggressive behaviour of respondent. Petitioner's effort to get respondent to family counseling with a view to save her marriage went in vain.
j) It is averred that on 01/05/2009 respondent stopped petitioner from going to work and assaulted her physically. When petitioner's father tried to stop respondent, he even assaulted and abused her father. As respondent showed no hope of mending his ways petitioner had to move to her parent's house. Respondent with intent to insult the petitioner and cause mental torture and harassment to her used to go to her college and insult her infront of her colleagues and even called to her friends to embarrass her. In mid July 2009 petitioner again with a hope of saving her marriage went back to respondent's house 10 Crl. Misc. No. 555/2011 believing that he would mend his ways and change his behaviour and attitude. But respondent continued drinking and smoking and abusing the petitioner and his son. He wanted to take revenge as petitioner was earning better than him.
k) It is averred that respondent started demanding money from the petitioner on one or the other pretext, which he would spent it on drinking and smoking. The respondent is given to physical abuse and extreme moved to respondent behaviour in an aggressive and abusive manner against the petitioner. The petitioner has undergone severe physical assault and abuse at the hands of the respondent. The petitioner was unable to respond to respondent's behaviour as she was concerned about their minor son and she wanted their minor son to have a normal up bringing and she avoided separate from the respondent.
l) It is averred that respondent is not only abusive and physical assault against petitioner but also against their son who is about 14 years old. Petitioner belongs to highly respectable family and she is pursuing from a responsible career as a 11 Crl. Misc. No. 555/2011 teacher. The constant abuse and physical assault on the petitioner by the respondent had affected petitioner's career as well as her relationship with her relatives and friends. Petitioner has withdrawn herself from friends and relatives out shear and sham due to the reckless behave of the respondent. The behaviour of the respondent against the petitioner is very rude, the respondent does not care to abuse and assault the petitioner infront of friends, relatives and neighbours.
m) It is averred that petitioner has attempted much conciliation with respondent on several occasions and she is repeatedly requested him to mend his ways. Petitioner has spent huge sum of money towards the household expenses, discharge of loan contracted by the respondent, towards education of his son without any kind of hesitation whatsoever.
The respondent does not appreciate or
acknowledge hard work and selfless
contribution of the petitioner towards the family. The petitioner has paid huge sums of money towards purchase of flat in which respondent is presently living.
n) It is averred that the respondent has withdrawn 12 Crl. Misc. No. 555/2011 the petitioner out of the matrimonial home. The matrimonial home where the petitioner and respondent were living has been purchased in the name of petitioner and respondent. The petitioner contributed more than the respondent towards purchase of flats which is morefully detailed in schedule 'B' and schedule 'C' property. The respondent has thrown the petitioner and her son out of the matrimonial home in a fit of anger without any basis. The respondent has thrown the petitioner out of matrimonial home on several occasions but the petitioner has gone back to live with respondent only with an intention to avoid refraction on the up bringing of their son. The respondent is not allowing the petitioner and her son to live in the matrimonial home. The respondent is not even allowing the petitioner to take their belongings that are lying in the flat where the respondent is living.
o) It is averred that the petitioner being highly aggrieved and having no other alternative approached the jurisdictional police and filed complaint against the respondent for assault and illegal demand. Further the jurisdictional police failed to take any action whatsoever against the respondent. As such she filed this petition.
13 Crl. Misc. No. 555/20113) On service of notice, Respondent appeared through his counsel and filed his statement of objections by denying all the averments found in the petition except the relationship and called upon the petitioner to prove the strict proof of the allegations made against the Respondent.
a) Respondent contested that, Petitioner has not come up with clean hands. The present petition is abuse of process of law. The Petitioner filed this frivolous petition with malafide intention to harass the respondent on one pretext or other though there was no any domestic violence nor she suffered anything either mentally or physically from the hands of the respondent. Hence, prays for dismissal of the petition at the threshhold with cost.
b) It is contended that, respondent is in penurious position and even he is unable to pay the legal expenses also. The petitioner who is at present in affluent position, knowing fully well about the financial position of the respondent, though she herself withdrawn from the society of the respondent to wriggle out from her duty to support her husband and her family. She has gone out of the house with an apprehension that if she 14 Crl. Misc. No. 555/2011 continued with the respondent, his creditors may forced her to discharge the debts. Hence she is not entitle for any relief. Hence prays to dismiss the petition.
c) According to Respondent, petitioner is not in the habit of spending money even for her own family or to herself. She is virtually a puppet in the hands of her parents. Her parents are the betrayers to her matrimonial life. At no point of time he has abused or assaulted the petitioner, his son and his father-in-law in any manner and there is no reasons for him to do so. He is not addicted to alcohol and cigarette as contended by the Petitioner in her petition. In order to withdraw the company of the Respondent she filed this petition by averring false facts before this court.
d) It is stated that he has supported her in all respects including financially to complete her master degree in M. Phil. However, he denied that she was working as part time lecturer at BES Collage, Jayanagar, Vivekananda Decree College in the year 1999 and in NMKRV College, Jayanagara. It is specifically stated that he has purchased the flat in July 2005 in their 15 Crl. Misc. No. 555/2011 joint names and denied that, petitioner has invested the money for purchase of flat. He has purchased the flat from his own earnings. Since the petitioner is earning salary as the loanee bank insisted to join the petitioner as security, he has join the petitioner as a security in the sale deed. All the EMI's paid by the Respondent. He never objected the petitioner to leave his home that is schedule flat. She is at liberty to join him and live in his house. Nevertheless, she has no right to ask him to remove himself from the schedule house.
e) It is contended that, petitioner is lady of double graduate working as a Lecturer in the college considered that maintaining of her son by her alone is laborious one and this shows her keenness towards her family. She always used to safeguard her money by investing it in various forms, even without disclosing it to her husband.
f) It is contended that, petitioner lodged frivolous complaint against him in order to buttress her false grounds to file this frivolous case. Though the complaint does not discloses the ingredients of any offence mush less the offences punishable under Sec.498A and 506 of IPC. The police have 16 Crl. Misc. No. 555/2011 registered criminal case against him.
g) It is contended that, respondent is a mechanical engineer and his educational qualification is Diploma in Mechanics, BE in Mechanical Engineering and AMIE in mechanical Engineering. At the time of marriage the petitioner is an unemployed graduate. The respondent was earning money from his profession and he started his own factory and manufacturing the components. He also raised loans from various banks to run his industry. He has been looking after his family in all respects. He has done life insurance and health insurance in his name and in the name of his wife and son. He had joined his son to the good school by paying huge donation and has been paying the school fee. The petitioner never helped in any manner to the respondent in running the family.
h) It is contended that, respondent was running his industry independently. Against the order placed by the Wipro, the respondent has undertaken to manufacture the machinery and invested his own money for it. He also borrowed money from others and taken OD from the banks. However, after manufacturing and supplying of the goods, the 17 Crl. Misc. No. 555/2011 Wipro company did not pay the money as assured by them. Therefore, he became indebted. It is not that this respondent has not completed the project as stated by the petitioner. In fact this respondent also filed the suit in forma pauperizes against the Wipro company for the recovery of the money before the City Civil Court, Bangalore, which is still pending consideration. The petitioner did not know what is the contract between the Wipro company and her husband. It is the fate of the respondent that he got such a wife, who had enjoyed her life with the income of her husband, is not supporting him when he is under penurious position. She is not only supporting her husband in any manner but she bent upon to harass him mentally by lodging frivolous police complaint and the criminal cases at the instigation of her father.
i) It is contended that this respondent persuaded this petitioner several times to join him, but every thing went in vain at the intervention of her father. This respondent is always ready and willing to live with the petitioner and his son. He does not want to spoil his matrimonial life at this age. He is also much concerning about the upbringing of his son and not only the petitioner alone concerned about it.
18 Crl. Misc. No. 555/2011j) Petitioner's present salary is in fact more than Rs.35,000/- and she is capable of maintaining herself and her son in all respects. She has rightly stated that she is in better and affluent position than the respondent at present. The petitioner is not a dutiful wife to her husband as contended by her. The respondent is did not caused any domestic violence as alleged by the petitioner and the allegations made by the petitioner against the respondent is groundless. Hence, prays to dismiss the petition with heavy costs.
4) Petitioner in order to prove her case, she/Petitioner examined herself before the court as PW1 and got marked 31 documents at Ex.P1 to Ex.P31. One Aditya Kumar N.S. son of petitioner examined as PW2. On the other hand Respondent examined himself before this court as RW1 and got marked 30 documents at Ex.R1 to R30. ExR1 to R17 marked through PW1 during her cross-examination while confronting to PW1.
5) For Determination of this petition, the following points are formulated :-
:: POINTS ::
Point No.1: Whether the petitioner proves that, respondent has inflicted domestic 19 Crl. Misc. No. 555/2011 violence against her and neglected her ?
Point No.2: Whether the petitioner entitle for residence order in petition schedule 'B' and 'C' Property ?
Point No. 3 Whether the Petitioner entitle for injunction in respect of Schedule 'B' and 'C' Property?
Point No.4 Whether the Petitioner entitled for other reliefs as claimed under the petition?
Point No.5: What order ?
6) Heard the arguments from the petitioner's side.
Perused the evidence adduced available on record. Both the parties to the petition have filed their affidavit of assets and liability. Advocate for Petitioner filed written arguments. This court perused the same.
7) Findings of this court on the above points is as follows :-
Point No. 1 : In the Negative
Point No. 2 : In the Affirmative
Point No. 3 : In the Negative
Point No. 4 : In the Negative
Point No. 5 : As per final order
for the following;
20 Crl. Misc. No. 555/2011
::REASONS::
8) This Court before proceed to discuss the merits of the petition intends to state some relevant facts and admitted facts.
a) There is no dispute regarding relationship between the parties to the Petition.
b) On 1/12/2011 protection officer, Intigrated Child Development Project Scheme, Bangalore State Project J.C. Road, Bangalore 560 002 filed domestic incident report. The said report is not challenged by the Respondent by filing objections or during cross-examination of Petitioner.
c) On 15/2/2012 this court by partly allowing the application filed by the petitioner under section 23 read with section 19 of the PWDV Act, restrained the Respondent to make any attempt to dispossess the petitioner from the shared household property pending disposal of the main petition. The said order is not challenged by the parties to the Petition. On the other hand, the Respondent by issuing notice to 21 Crl. Misc. No. 555/2011 the Petitioner under Ex.R9 to R12 asked her to comply the order dated: 15/2/2012.
d) The Hon'ble High Court of Karnataka while disposing the criminal revision Petition filed by the respondent herein bearing No. 7604/2021 dated: 10/12/2021 at paragraph No. 4 observed that, whatever may be the stage in the proceedings under the Domestic Violence Act, certainly the order passed in C.C. No. 11793/2012 has got a bearing on the proceeding under Domestic Violence Act for granting certain reliefs to the respondent has claimed.
Accordingly liberty was given to the Respondent to urge the ground of acquittal while arguing the case under Domestic violence Act on Merits.
e) This Court also perused the certified copy of the Judgment in C. C. No. 11793/2012. Wherein the Hon'ble XXXII Additional Chief Metropolitan Magistrate while scrutiny the entire evidence comes to the conclusion that, the evidence of PW1 remained uncorroborated with the evidence of other witnesses and the evidence placed on record 22 Crl. Misc. No. 555/2011 is not free from material contradictions.
Accordingly acquitted the Accused/Respondent herein.
f) Petitioner by relying Ex.P31 contended that, Respondent suffering from Bipolar disorder.
Point Nos.1 & 4:
9) According to petitioner, she and her son have been subjected to domestic violence at the hands of the respondent. The Respondent has completely neglected the petitioner and her son and has thrown the petitioner and her son from the matrimonial house. Hence she filed this petition. On contrary the respondent denied all the allegations made by the petitioner as groundless and contended that, since his creditors insisting him to repayment of loan amount, in order to avoid repayment of loan amount out of her salary, Petitioner voluntarily left the matrimonial home. Hence, he prays for dismissal of the petition.
10) Petitioner in order to prove her case examined herself before this court as PW.1 by filing affidavit in lieu of her chief-examination and got marked Ex.P1 to 31.
Ex.P1-marriage invitation card, Ex.P2- birth certificate, Ex.P3 to P8 are- ICICI, SBM and Canara 23 Crl. Misc. No. 555/2011 Bank Statements of Petitioner, Ex.P9 Canara Bank Passbook extract, Ex.P10- SBM Passbook, Ex.P11- Canara Bank statement of Petitioner from 1/4/2008 to 31/5/2012 (wherein the amount transferred to her son's school is reflected), Ex.P13 to P22 - school documents (school fees receipts) Ex.P23 - medical certificate of Petitioner's son, Ex.P24 - acknowledgment in C.Mis.No.356/2011, ExP25 True copy of the FIR in Kengeri P.S. Crime No. 231/11, Ex.P25 True copy of FIR in Crime No. 231/2011, Ex.P26 - copy of complaint in Crime No. 231/2011, Ex.P27- certified copy of sale deed in respect of schedule B and C property, Ex.P28-General Power of Attorney executed by Sri. Mayanna in favour of Respondent herein, Ex.P29-Spandana Nursing Home ID Card standing in the name of Petitioner, Ex.P30- petitioner's Election voter ID Card.
11) There is no dispute in respect of documents marked by the Petitioner at Ex.P1, 2, 11, 13 to 22 & 23. on the other hand, Respondent during his Cross- examination admitted that, petitioner had paid educational expenses of her son as per Ex.P11 and paid the flat installment amount as per Ex.P10. He voluntaries that later he has repaid the said amount to the Petitioner. However, It is relevant to mention here that, to prove the fact of repayment, 24 Crl. Misc. No. 555/2011 he/Respondent has not produced even a single document before the court. The relevant portions of admission of Respondent during his cross-examination dated: 14/1/2015 at paragraph No.9, Page No. 21, paragraph No.5, Page No. 17 and paragraph No.7, Page No. 18 respectively are extracted hereunder as follows for ready reference:-
ನನನ್ನ ಮಗನ ಶಶಾಲಲೆಗ ಲೆ ಸಸಂಬಸಂಧಪಟಟಸಂತಲೆ ನಶಾನನು ಯಶಾವತನುತ ಕಕೂಡ ಆತನ ಶಶಾಲಶಾ ಖರನುರ್ಚು ವಲೆರ ಚ್ಚ ಗ ಳನನುನ್ನ ನಲೆಕೂ ನೋಡಿಕಲೆಕೂ ಸಂಡಿಲಲ ಎಸಂದರಲೆ ಸರಿಯಲಲ. ನನನ್ನ ಮಗನ ಶಶಾಲಶಾ ಖರನುರ್ಚು ವಲೆರ ಚ್ಚ ಗ ಳನನುನ್ನ ಸಸಂಪಪೂರರ್ಚುವಶಾಗಿ ಅರರ್ಚುದಶಾರಳಲೆನೋ ಖರನುರ್ಚು ಮಶಾಡಿದಶಾದ್ದಾ ಳ ಲೆ ಎಸಂದನು ತಲೆಕೂ ನೋರಿಸಲನು ಆಕಲೆಯ ಬಳಿ Account Ledger Extract ಇದಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿಯನು ಹಹೌದನು ನಸಂತರ ಆಕಲೆಗ ಲೆ ಸದರಿ ಹರವನನುನ್ನ ವಶಾಪಸ್ ಮಶಾಡನುತತದಲೆದ್ದಾ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ .
ದಿನಶಾಸಂಕ 29/07/2005 ರಸಂದನು ನಶಾನನು ರಕೂ.15,000 ಚಲೆಕ್ ನನುನ್ನ ಅರರ್ಚುದಶಾರಳ ಖಶಾತಲೆಯ ಸಂದ ಬಿಲಲ್ಡ ರ್ ಗಲೆ ಮೊದಲ ಕಸಂತಶಾಗಿ ಕಲೆಕೂ ಟಟದಲೆದ್ದಾ ನೋ ನಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ಮೊದಲನು ಹಹೌದನು ನಸಂತರ ನಶಾನನು ಸದರಿ ಹರವನನುನ್ನ ನಶಾನನು ಆಕಲೆಗ ಲೆ ಮರನು ಪಶಾವತ ಮಶಾಡಿದಲೆದ್ದಾ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
ನಿಪ-10 ರ ಪಪ್ರ ಕ ಶಾರ ದಿನಶಾಸಂಕ 06/01/2011 ರಿಸಂದ 03/06/2011 ರವರಲೆಗ ನು ಅರರ್ಚುದಶಾರಳನು ತಶಾನನು ಮಶಾಡಿದ ಸಶಾಲದ ಬಶಾಬನುತ ಚಲೆಕ್ ಮನುಖಶಾಸಂತರ ಸಶಾಲ ತನೋರಿಸಿದಶಾದ್ದಾ ರ ಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ನನಗಲೆ ಗಲೆಕೂ ತತಲಲ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ .25 Crl. Misc. No. 555/2011
12) Moreover, Respondent being father of Aditya Kumar N.S. and husband of Petitioner, it is his duty to maintain them in all aspect. But, in the absence of document as well as cogent evidence in respect of his contention, mere answers given by the Respondent voluntarily during his cross-examination, indirectly substantiate the case of petitioner regarding his abusive nature and omission on the part of the respondent to do certain acts being a dutiful husband and father in view of provision under Sec.3 of the Protection of Women From Domestic Violence Act 2005.The relevant portions of cross-examination of RW1 dated 11/03/2014, 14/1/2015 and 07/12/2019 is extracted hereunder as follows for ready reference:-
Cross examination of RW.1 dated 11/03/2014, ನನನ್ನ ತಕರಶಾರಿನಲಲ ಅರರ್ಚುದಶಾರಳನು ಹಲವಶಾರನು ಕಡಲೆ ನನನ್ನ ಗಮನಕಲೆಕ್ಕೆ ಬಶಾರದಸಂತಲೆ ಹರ ಹಕೂಡಿದಶಾದ್ದಾ ಳ ಲೆಸಂ ದನು ನಶಾನನು ಹಲೆನೋ ಳಿರನುವವುದನು ನಿಜ. ನಶಾನನು ಹಶಾಜರನುಪಡಿಸಿರನುವ ನಿಆರ್ 5, 6, 14, 15, 16 ಅರರ್ಚುದಶಾರಳನು ಹಲವಶಾರನು ಹರ ಹಕೂಡಿರನುವ ಬಗಲೆಗ್ಗೆ ದಶಾಖಲಲೆಗ ಳನು ಎಸಂದರಲೆ ಸರಿ. ಸದರಿ ಹರ ಅರರ್ಚುದಶಾರಳನು ಹಕೂಡಿರನುವ ಬಗಲೆಗ್ಗೆ ನನಗಲೆ ಗಲೆಕೂ ತತತನುತ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ನಿಜ ಆದರಲೆ ಕಲೆಲ ವವು ಹಕೂಡಿಕಲೆ ಬಗಲೆಗ್ಗೆ ಗಲೆಕೂ ತತಲಲ ಎಸಂದನು ನನುಡಿಯತಶಾತರಲೆ . ಸದರಿ ದಶಾಖಲಲೆಗ ಳನು ಎಲಶಾಲ ಅರರ್ಚುದಶಾರಳ ವಲೆವೈ ಯಕತಕ ದಶಾಖಲಲೆಗ ಳನು ಎಸಂದರಲೆ ಸರಿ.26 Crl. Misc. No. 555/2011
ನಶಾನನು ಒಬಬ್ಬ ಸಶಾಮಶಾರಕ ಮದದ್ಯವದ್ಯ ಸ ನಿ ಇರನುತಲೆತ ನೋನಲೆ . ದಕೂಮಪಶಾನ ಸಹ ಮಶಾಡನುತಲೆತ ನೋನಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ದಿನಕಲೆಕ್ಕೆ 2 - 3 ಸಿಗರಲೆನೋ ಟ್ ಸಲೆನೋ ವನಲೆ ಮಶಾಡನುತಲೆತ ನೋನಲೆ ಎಸಂದನು ನನುಡಿಯತಶಾತರಲೆ . ನಶಾನನು ಕಶಾಲಲೆನೋ ಜನು ದಿನಗಳಿಸಂದಲಕೂ ಸಹ ದಕೂಮಪಶಾನ ಮಶಾಡನುತತದಲೆದ್ದಾ ನೋ ನಲೆ.
Cross examination of RW.1 dated 14/01/2015 ನಶಾನನು ಅರರ್ಚುದಶಾರಳಿಗಲೆ ಮಶಾನಸಿಕ ಮತನುತ ದಲೆವೈ ಹಿಕ ಹಿಸಂಸಲೆ ಕಲೆಕೂ ಡನುತತದಲೆದ್ದಾ ಆದಕಶಾರರ ಆಕಲೆ ನನನ್ನ ವಿರನುದದ್ದಾ ಪೊಲನೋಸ್ ಠಶಾಣಲೆಯ ಲಲ ದಕೂರನು ದಶಾಖಲನು ಮಶಾಡಿರನುತಶಾತಳಲೆ . ನಸಂತರ ಪೊಲನೋಸರನು ತನಿಖಲೆ ಮಶಾಡಿ ನಶಾದ್ಯಯಶಾಲ ಯಕಲೆಕ್ಕೆ ಅಸಂತಮ ವರದಿ ಸಲಸಿರನುತಶಾತರಲೆ. ಅದನು ಈಗ ನಶಾದ್ಯಯಶಾಲಯದಲಲ ವಿಚಶಾರಣಲೆ ಹಸಂತದಲಲ ಇದಲೆ ಎಸಂದರಲೆ ಸರಿ .
ನಶಾನನು ಅರರ್ಚುದಶಾರಳಿಗಲೆ ಅವಶಾರದ್ಯ ಶಬದ್ದಾ ಗ ಳಿಸಂದ ಬಲೆವೈ ಯನುತತದಲೆದ್ದಾ ಮತನುತ ಮಶಾನಸಿಕ ಮತನುತ ದಲೆವೈ ಹಿಕ ಕರನುಕನುಳ ಕಲೆಕೂ ಡನುತತದಲೆದ್ದಾ ಆದಕಶಾರರ ಒಸಂದನು ಬಶಾರಿ ಅರರ್ಚುದಶಾರಳನು ಮಶಾನಸಿಕವಶಾಗಿ ಕನುಗಿಗ್ಗೆ ಹಲೆಕೂ ನೋಗಿ ಮತನುತ ಆಕಲೆ Depression ಗಲೆ ಹಲೆಕೂ ನೋಗಿ ಸಸಸಂದನ ಕಲನಿಕ್ ನಲಲ ಚಿಕತಲೆತ್ಸೆ ಪಡಲೆದಿ ದಶಾದ್ದಾ ರ ಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿದಶಾರರನು ಆಕಲೆ ತನನ್ನ ಕಲೆಲ ಸದ ಒತತಡದಿಸಂದ Depression ಗಲೆ ಹಲೆಕೂ ನೋಗಿರನುತಶಾತಳಲೆ ಮತನುತ ತಶಾನಲೆನೋ ಚಿಕತಲೆತ್ಸೆ ಕಲೆಕೂ ಡಿಸಿದಶಾದ್ದಾ ಗಿ ಸಶಾಕ್ಷಿ ನನುಡಿಯನುತಶಾತರಲೆ.
ಸಸಸಂದನ ಕಲನಿಕ್ ನಲಲ ವಲೆವೈ ದದ್ಯರನು ಅರರ್ಚುದಶಾರಳನನುನ್ನ ತಪಶಾಸಣಲೆ ಮಶಾಡಿ ಆಕಲೆಗ ಲೆ ಪಶಾದ್ಯ ಮಿ ಲ ಕಹೌನಿತ್ಸೆ ಲ ಸಂಗ್ ಆಗಬಲೆನೋ ಕನು ಎಸಂದನು 27 Crl. Misc. No. 555/2011 ಹಲೆನೋ ಳಿರನುತಶಾತರಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿಯನು ಆ ಬಗಲೆಗ್ಗೆ ನನಗಲೆ ಹಲೆನೋ ಳಿಲಲ ಹಶಾಗಕೂ ಆಕಲೆಗ ಲೆ ಕಲೆಲ ಸದ ಒತತಡದಿಸಂದ ಡಿಪಲೆಪ್ರ ಷ ನ್ ಆಗಿದಲೆ ಎಸಂದನು ವಲೆವೈ ದದ್ಯರನು ಹಲೆನೋ ಳಿರನುವವುದಶಾಗಿ ನನುಡಿದಿರನುತಶಾತರಲೆ .
2001 ಮತನುತ 2002 ನಲೆನೋ ಇಸವಿಯಲಲ ನಶಾನನು ಜಲೆಪ ನಗರದ ಒಸಂದನು ಬಶಾಡಿಗಲೆ ಮನಲೆಯ ಲಲ ವಶಾಸವಶಾಗಿರನುವವುದಿಲಲ ಎಸಂದನು ನನುಡಿದಿರನುತಶಾತರಲೆ. ಆದರಲೆ ನಿಪ30 ಅರರ್ಚುದಶಾರರ ರನುನಶಾವಣಶಾ ಆಯಶಾನೋಗದ ಗನುರನುತನ ಚಿನೋಟಯನನುನ್ನ ನಲೆಕೂ ನೋಡಿ ಅದನು ಅರರ್ಚುದಶಾರಳನು ಎಸಂದನು ನನುಡಿದಿದನುದ್ದಾ ಸದರಿ ದಶಾಖಲಲೆಯ ವಿಳಶಾಸ ಜಲೆಪ ನಗರದ ಮನಲೆಯ ದಶಾದ್ದಾ ಗಿ ರನುತತದಲೆ.
ನಶಾನನು ಕನುಡಿದನು ರಶಾತಪ್ರ ಮನಲೆಗ ಲೆ ಬರನುವವುದಿಲಲ ಎಸಂದನು ಅಶಶಾಶ್ವಾ ಸ ನಲೆ ಕಲೆಕೂ ಡನುತಲೆತ ನೋನಲೆ. ನಶಾನನು ಒಸಂದನು ವಲೆನೋ ಳಲೆ ಮನಲೆಗ ಲೆ ರಶಾತಪ್ರ ಕನುಡಿದನು ಹಲೆಕೂ ನೋದರಲೆ ನನನ್ನ ಹಲೆಸಂ ಡತ ಮತನುತ ಮಗ ಬಶಾಗಿಲನು ತಲೆಗ ಲೆಯ ದಲೆನೋ ಇರಲನು ನಶಾನನು ಒಪಸ ನಶಾದ್ಯಯಶಾಲಯಕಲೆಕ್ಕೆ ಒಸಂದನು ಮೆಮೊನೋ ಆಫ್ ಅಸಂಡರ್ ಸಶಾಟಸಂಡಿಸಂಗ್ ಬರಲೆದ ನುಕಲೆಕೂ ಡಲನು ಸಿದದ್ದಾ ನಿ ದಲೆದ್ದಾ ನೋ ನಲೆ . ನಶಾನನು ಮನಲೆಯ ಲಲ ಯಶಾವತಕೂತ ಕಕೂಡ ಸಿಗರಲೆನೋ ಟ್ ಸಲೆನೋ ದನುವವುದಿಲಲ ಎಸಂದನು ನಶಾದ್ಯಯಶಾಲಯಕಲೆಕ್ಕೆ ಒಸಂದನು ಮೆಮೊನೋ ಆಫ್ ಅಸಂಡರ್ ಸಶಾಟಸಂಡಿಸಂಗ್ ಕಲೆಕೂ ಡಲನು ಸಿದದ್ದಾ ನಿ ದಲೆದ್ದಾ ನೋ ನಲೆ.
ನಶಾನನು ಒಸಂದನು ದಿನ ಕನುಡಿದನು ಅಪಘಾತ ಮಶಾಡಿದ ಕಶಾರರ ಜಶಾನಭಶಾರತ ಪೊನೋಲನೋಸ್ ಠಶಾಣಲೆಯ ಲಲ ಕಲೆನೋ ಸನು ದಶಾಖಲಶಾಗಿತನುತ ಮತನುತ ನಶಾನನು ಕನುಡಿದನು ಹಲೆಕೂ ಯತ್ಸೆ ಳ ವಶಾಹನಕಲೆಕ್ಕೆ ಡಿಕಕ್ಕೆ ಮಶಾಡಿದಲೆದ್ದಾ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿದಶಾರರನು ಅಪಘಾತವಶಾಗಿರನುವವುದನು ನಿಜ, ಕಲೆನೋ ಸ್ ದಶಾಖಲಶಾಗಿರನುವವುದನು ನಿಜ, ನಶಾನನು ಕನುಡಿದನು ಅಪಘಾತ 28 Crl. Misc. No. 555/2011 ಮಶಾಡಿಲಲ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
ಎಸಂ.ವಿಶಲೆಶ್ವಾ ನೋ ಶಶ್ವಾ ರ ಯದ್ಯ ಕಲೆಕೂ ನೋ ಆಪರಲೆನೋ ಟವ್ ಸಲೆಕೂ ಸಲೆವೈ ಟಯಲಲ ನಶಾನನು ಮಶಾಡಿದದ್ದಾ ಗಲೆಕೂ ನೋಲ್ಲ್ಡ ಲಲೆಕೂ ನೋನ್ ಮರನು ಪಶಾವತಸಲನು ದಿನಶಾಸಂಕ 10/06/2006 ರಸಂದನು ಅರದಶಾರ್ಚುರಳ ಖಶಾತಲೆಯ ಸಂದ ಚಲೆಕ್ ಪಡಲೆದ ನು ನಸಂತರ ಸದರಿ ಗಲೆಕೂ ನೋಲ್ಲ್ಡ ಲಲೆಕೂ ನೋನ್ ತನೋರಿಸಿದಲೆದ್ದಾ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿಯ ಹಹೌದನು ನಸಂತರ ನಶಾನನು ಸದರಿ ನನನ್ನ ಹಲೆಸಂ ಡತ ಬಳಿ ಪಡಲೆದಿ ದದ್ದಾ ಹರವನನುನ್ನ ತನೋರಿಸಲನು ರಕೂ.25,000 ಎಲ್ಐಸಿ ಮನುದ್ಯ ರ ನುಯಲ್ ಫಸಂಡ್ ನನುನ್ನ ಅರರ್ಚುದಶಾರಳ ಹಲೆಸ ರಿಗಲೆ ಮಶಾಡಿದಲೆದ್ದಾ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ. ಆದರಲೆ ಸದರಿ ದಶಾಖಲಲೆಯ ನನುನ್ನ ಹಶಾಜರನುಪಡಿಸಿರನುವವುದಿಲಲ.
ದಿನಶಾಸಂಕ 29/07/2005 ರಸಂದನು ನಶಾನನು ರಕೂ.15,000 ಚಲೆಕ್ ನನುನ್ನ ಅರರ್ಚುದಶಾರಳ ಖಶಾತಲೆಯ ಸಂದ ಬಿಲಲ್ಡ ರ್ ಗಲೆ ಮೊದಲ ಕಸಂತಶಾಗಿ ಕಲೆಕೂ ಟಟದಲೆದ್ದಾ ನೋ ನಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ಮೊದಲನು ಹಹೌದನು ನಸಂತರ ನಶಾನನು ಸದರಿ ಹರವನನುನ್ನ ನಶಾನನು ಆಕಲೆಗ ಲೆ ಮರನು ಪಶಾವತ ಮಶಾಡಿದಲೆದ್ದಾ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
ಶಪ್ರ ನೋ ಧರ್ ಭಟ್ ಗಲೆಕೂ ಲಲ ತನನ್ನ ಸಲೆನ್ನ ನೋ ಹಿತನಶಾಗಿದಶಾದ್ದಾ ನ ಲೆ ಆದರಲೆ ಆತನ ಜಲೆಕೂ ತಲೆ ನನನ್ನ ಯಶಾವವುದಲೆನೋ ವದ್ಯ ವ ಹಶಾರ ಇರನುವವುದಿಲಲ. ನಶಾನನು ಶಪ್ರ ನೋ ಧರ್ ಭಟ್ ಗಲೆಕೂ ಲಲ ಇವರ ಕಡಲೆಯ ಸಂದ ಸಶಾಲ ಮಶಾಡಿದಲೆದ್ದಾ ಸದರಿ ಸಶಾಲವನನುನ್ನ ಮರನು ಪಶಾವತಸಲನು ಅರರ್ಚುದಶಾರಳ ಖಶಾತಲೆಯ ಸಂದ ಆಕಲೆಯ ಚಲೆಕ್ ಮನುಖಶಾಸಂತರ ಹರವನನುನ್ನ ಶಪ್ರ ನೋ ಧರ್ ಭಟ್ ಗಲೆಕೂ ಲಲ ಇವರಿಗಲೆ ಕಲೆಕೂ ಟಟದಲೆದ್ದಾ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿಯನು ಚಲೆಕ್ ಕಲೆಕೂ ಟಟರಬಹನುದನು ಆದರಲೆ ನಶಾನನು ಆತನ ಬಳಿ ಸಶಾಲ 29 Crl. Misc. No. 555/2011 ಮಶಾಡಿಲಲ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
ನಿಪ-10 ರ ಪಪ್ರ ಕ ಶಾರ ದಿನಶಾಸಂಕ 06/01/2011 ರಿಸಂದ 03/06/2011 ರವರಲೆಗ ಕೂ ಅರರ್ಚುದಶಾರಳನು ತಶಾನನು ಮಶಾಡಿದ ಸಶಾಲದ ಬಶಾಬನುತ ಚಲೆಕ್ ಮನುಖಶಾಸಂತರ ಸಶಾಲ ತನೋರಿಸಿದಶಾದ್ದಾ ಳ ಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ನನಗಲೆ ಗಲೆಕೂ ತತಲಲ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ .
Cross examination of RW.1 dated 07/12/2019 ಅರರ್ಚುದಶಾರಳಿಗಲೆ ನಶಾನನು ಮಶಾನಸಿಕ ಮತನುತ ದಲೆವೈ ಹಿಕ ಕರನುಕನುಳ ನಿನೋಡಿದ ಕಶಾರರ ಅರರ್ಚುದಶಾರಳನು ನನನ್ನ ವಿರನುದದ್ದಾ ದಕೂರನನುನ್ನ ದಶಾಖಲಸಿದಶಾದ್ದಾ ಳ ಲೆ ಎಸಂದರಲೆ ಸರಿ .
ಅರರ್ಚುದಶಾರಳನನುನ್ನ ಮನಲೆಯ ಸಂದ ಹಲೆಕೂ ರಹಶಾಕದ ನಸಂತರ ಅರರ್ಚುದಶಾರಳ ಮನಲೆಗ ಲೆ ಬಶಾಡಿಗಲೆಯ ನನುನ್ನ ಕಲೆಕೂ ಟಟಲಲ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ನಶಾನನು ಅರರ್ಚುದಶಾರಳನನುನ್ನ ಮನಲೆಯ ಸಂದ ಹಲೆಕೂ ರಹಶಾಕರನುವವುದಿಲಲ ಮತನುತ ಇಲಲಯವರಲೆಗ ಕೂ ಯಶಾವವುದಲೆನೋ ಹರವನನುನ್ನ ಅರರ್ಚುದಶಾರಳಿಗಲೆ ನಿನೋಡಿರನುವವುದಿಲಲವಲೆಸಂ ದನು ನನುಡಿಯತಶಾತರಲೆ .
13) In addition to the above, PW2, son of Respondent, who was 16 years of age at the time of his examination and cross-examination, he deposed before this court that his father abused him and his mother while consuming alcohol and thrown out of them from the matrimonial home. The relevant portions is extracted hereunder as follows:-30 Crl. Misc. No. 555/2011
ನನನ್ನ ತಶಾಯಗಲೆ ಎದನುರನುದಶಾರ ಅವಶಾರದ್ಯ ಶಬದ್ದಾ ಗ ಳಿಸಂದ ನಿಸಂದಿಸಿ ಹಲಲೆಲ ಮಶಾಡನುತತದದ್ದಾ ಎಸಂದನು ನಶಾನನು ನನನ್ನ ತಶಾಯಯ ವಕನೋಲರ ಬಳಿ ಹಲೆನೋ ಳಿರನುತಲೆತ ನೋನಲೆ. ಯಶಾವ ಸಸಂದಭರ್ಚುದಲಲ ಹಲಲೆಲ ಮಶಾಡನುತತದದ್ದಾ ರ ನು ಎಸಂದನು ನನನ್ನ ತಶಾಯಯ ಬಳಿ ಸಶ್ವಾ ಲ ಸ ಮಶಾತಪ್ರ ಹಲೆನೋ ಳಿರನುತಲೆತ ನೋನಲೆ.
ಮನಲೆಯ ಬಳಿ ಸಶಾಲಗಶಾರರನು ಬರಲನು ಶನುರನು ಮಶಾಡಿದಶಾಗಲಲೆನೋ ನನನ್ನ ತಸಂದಲೆ ತಶಾಯಯ ನಡನುವಲೆ ಜಗಳ ಹಲೆರ ನುಚ್ಚ ಆಗನುತತತನುತ ಎಸಂದರಲೆ ಸರಿ. ಸಶಾಲಗಶಾರರನು ಎಲಲ ಸಶಾಲವನನುನ್ನ ಕಲೆನೋ ಳನುತಶಾತರಲೆ ಎಸಂದನು ನನನ್ನ ತಶಾಯ ನನನ್ನ ನ ನುನ್ನ ಕರಲೆದ ನುಕಲೆಕೂ ಸಂಡನು ನನನ್ನ ತಶಾತನ ಮನಲೆಗ ಲೆ ಹಲೆಕೂ ನೋಗಿರನುತಶಾತಳಲೆ ಎಸಂದರಲೆ ಸನುಳನುಳ. ಸಶಾಕ್ಷಿ ಮನುಸಂದನುವರಲೆದ ನು ಎದನುರನುದಶಾರ ಹಲೆಕೂ ಡಲೆದ ನು ಬಡಿದನು ಮಶಾಡನುತತದದ್ದಾ ಕಶಾರರ ಹಲೆಕೂ ನೋಗಿರನುತಶಾತಳಲೆ ಎಸಂದನು ನನುಡಿಯನುನುತಶಾತರಲೆ.
ಎದನುರನುದಶಾರನಿಗಲೆ ನನನ್ನ ನ ನುನ್ನ ಸಶಾಯಸಬಲೆನೋ ಕನು ಎಸಂಬ ಇಚಲೆಚ್ಛೆ ಇಲಲ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ಇರಬಹನುದನು ಆದರಲೆ ಮದದ್ಯಪಶಾನ ಮಶಾಡಿದಶಾಗ ಏನನು ಮಶಾಡನುತಶಾತರಲೆ ಎಸಂದನು ಗಲೆಕೂ ತತಲಲ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ . ನನನ್ನ ತಸಂದಲೆ ಎಸಂದಕೂ ನನನ್ನ ನ ನುನ್ನ ನನನ್ನ ತಶಾಯಯನನುನ್ನ ಮನಲೆಯ ಸಂದ ಹಲೆಕೂ ರಗಲೆ ಹಶಾಕಲಲ ಎಸಂದರಲೆ ಸರಿಯಲಲ. ನನನ್ನ ತಸಂದಲೆಗ ಲೆ ನನನ್ನ ಹಶಾಗಕೂ ನನನ್ನ ತಶಾಯಯಸಂದಿಗಲೆ ಬದನುಕಲನು ಇಚಲೆಚ್ಛೆ ಇದಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ಆ ಬಗಲೆಗ್ಗೆ ಏನನು ಹಲೆನೋ ಳಬಲೆನೋ ಕನು ಗಲೆಕೂ ತತಲಲ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
14) However, to dismay absolutely there is no evidence is available on record in respect of demand of dowry and 31 Crl. Misc. No. 555/2011 physical assault caused by the respondent to her/Petitioner and her father. On contrary to the above at Ex.R30 produced by the respondent discloses that PW1 during her cross-examination before the Hon'ble 32nd Additional Chief Metropolitan Magistrate in C.C. No. 11793/2012 dated:28/2/2019 at paragraph No. 11, Page No. 14, she admitted that, Respondent has not harassed her by demanding additional money. Further PW1 during her cross-
examination dated: 1/8/2013 at page No.22, she admitted that, she has falsely stated that, respondent assaulted her in-front of neighbours and relatives. The relevant portions extracted hereunder as follows:-
Cross examination dated 01/08/2013 ಎದನುರನುದಶಾರ ನಲೆರ ಲೆಹ ಲೆಕೂ ರಲೆಯ ವರ ಮನುಸಂದಲೆ ಮತನುತ ಸಸಂಬಸಂಧಿಕರ ಮನುಸಂದಲೆ ನನನ್ನ ಮೆನೋಲಲೆ ಹಲಲೆಲ ಮಶಾಡನುತತದದ್ದಾ ಎಸಂದನು ನಶಾನನು ಹಲೆನೋ ಳಿರನುವವುದನು ಸನುಳನುಳ ಎಸಂದರಲೆ ಸರಿ.
Cross examination dated 28/02/2019 in CC No.11793/2012 The accused not harassed me demanding additional money.
15) Even father of Petitioner namely Sri. C.V. Ventakanarayana Rao during his cross-examination in C.C. No. 11793/2012 date: 17/9/2019 page No. 3 at paragraph No. 5 marked by the Respondent at Ex.R29 32 Crl. Misc. No. 555/2011 he deposed that, respondent asked money however during negotiation he raised voice, the said incident caused hurt to him. Except this he has not stated about demand of dowry by the Respondent and assault caused by the respondent to him and his daughter. The relevant paragraph is extracted hereunder as follows:-
When the accused demanded money I told him that it will take time. For this reason accused was told that I have to pay money. Except this incident no any other incident which creates difference of opinion or any other incident which creates ill-will between us is occurred. Witness voluntaries that when we went for negotiation relating to the quarrel between CW.1 and accused, the accused asked me to go out of his house with raised voice. This incident caused hurt to me. I have not stated this fact to the police.
16) From the scrutiny of evidence of PW1 and PW2 it discloses that, Respondent being addicted to alcohol harassed the petitioner and her son by abusing foul language. Even During the cross-examination of RW1, he himself admitted that, he has harassed the Petitioner, the relevant paras extracted above. Further he/Respondent by way of objection denied that he is a drunker and smoker however, during his cross-examination he clearly admitted that he is alcohol drunker 33 Crl. Misc. No. 555/2011 and smoker. Per day he smoke 2- 3 cigarette. The said relevant paragraph is extracted hereunder as follows:-
ನಶಾನನು ಒಬಬ್ಬ ಸಶಾಮಶಾರಕ ಮದದ್ಯವದ್ಯ ಸ ನಿ ಇರನುತಲೆತ ನೋನಲೆ . ದಕೂಮಪಶಾನ ಸಹ ಮಶಾಡನುತಲೆತ ನೋನಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿ ದಿನಕಲೆಕ್ಕೆ 2 - 3 ಸಿಗರಲೆನೋ ಟ್ ಸಲೆನೋ ವನಲೆ ಮಶಾಡನುತಲೆತ ನೋನಲೆ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ .
17) Be that as it may, it is pertinent to mention here that, Ex.P31 patient record summoned though the court by the Petitioner from Abhaya Hospital depicts that, on 2/9/2010, the respondent was treated for BPAD. Even the Petitioner in her petition at paragraph No. 7 she clearly averred that, respondent was diagnosed with bipolar disorder and was under life time medication and periodical counseling. It is relevant to mention here that, even at the stage of arguments the learned counsel for the Petitioner by relying on Ex.P31 admitted that Respondent is a bipolar.
Hence advocate for petitioner orally restricted petitioner's claim in respect of protection order and residence order. Admittedly at Ex.P31-Prescription sheet discloses that, he/respondent suffering from BPAD.
18) Certainly it inspire the mind of the court, what is known as BPAD or Bipolar disorder, let us discuss the 34 Crl. Misc. No. 555/2011 same. As per the NIMH Bipolar disorder (formerly called manic-depressive illness or manic depression) is a mental illness that causes unusual shifts in a person's mood, energy, activity levels and concentration. These shifts can make it difficult to carry out day to day tasks. According to National Institute of Mental Health there are three types of bipolar disorder. All three types involves clear changes in mood, energy and activity levels. These moods range from periods of extremely "up," elated, Irritable, or energized behavior (Known as manic episodes) to very "down," "sad, indifferent, or hopeless periods (known as depressive episodes). Less severe manic periods are known as hypomanic episodes.
Bipolar I disorder : is defined by manic episodes that last for at least 7 days (nearly every day for most of the day) or by manic symptoms that are so severe that the person needs immediate medical care. Usually, depressive episodes occur as well, thpicaly lasting at least 2 weeks. Episodes of depression with mixed features ( having depressive symptoms and manic symptoms at the same time) are also possible.
Experiencing four or more episodes of mania or depression within 1year is called 35 Crl. Misc. No. 555/2011 "rapid cycling"
Bipolar II disorder : is defined by a pattern of depressive episodes and hypomanic episodes. The hypomanic episodes are less severe than the manic episodes in bipolar I disorder Cyclothymic disorder : (also called cyclothymia) is defined by recurring hypomanic and depressive symptoms that are not intense enough or do not last long enough to qualify as hypomanic or depressive episodes.
19) Sometimes a person might experience symptoms of bipolar disorder that do not match the three categories listed above, and this is referred to as "other specified and unspecified bipolar and related disorders."
20) As admitted by the petitioner in her pleadings the person who suffering from BPAD requires lifelong treatment. In this case, whether the respondent herein has been taking treatment or not is not forthcoming. Except Ex.P31 no other supportive documents for taking continuous treatment by the 36 Crl. Misc. No. 555/2011 Respondent is not available on record. Since the Respondent suffering from mental illness as admitted by the Petitioner herself. It clearly discloses that, the acts committed by the Respondent is not intentional but due to his mental ill health. Hence Petitioner is not fall under section 2(a) of the PWDV Act as such this court answers, point Nos.1 and 4 in the negative for the Petitioner.
Point No.2 & 3.
21) Documents marked at Ex.P3 to 8 discloses that, petitioner had transferred money to the Respondent as and when he required. The said fact is also admitted by the Respondent in his cross-examination dated: 14/1/2015 paragraph No. 4 at Page No. 16 and paragraph No. 5 at Page No. 17. The relevant paragraph is extracted hereunder as follows:-
ನಶಾನನು ಅರರ್ಚುದಶಾರಳಶಾದ ಸನುಮ ಕಡಲೆಯ ಸಂದ ಆಗಶಾಗ ಹರವನನುನ್ನ ಪಡಲೆಯ ನುತತದಲೆದ್ದಾ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿಯನು ಹಹೌದನು ನನನ್ನ ಮತನುತ ಅರರ್ಚುದಶಾರಳ ನಡನುವಲೆ ಮೊದಲನು ಹರಕಶಾಸಿನ ವದ್ಯ ವ ಹಶಾರ ನಡಲೆದಿ ದಲೆ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
ದಿನಶಾಸಂಕ 29/07/2005 ರಸಂದನು ನಶಾನನು ರಕೂ.15,000.00 ಚಲೆಕ್ ಅನನುನ್ನ ಅರರ್ಚುದಶಾರಳ ಖಶಾತಲೆಯ ಸಂದ ಬಿಲಲ್ಡ ರ್ ಗಲೆ ಮೊದಲ ಕಸಂತಶಾಗಿ ಕಲೆಕೂ ಟಟದಲೆದ್ದಾ ನೋ ನಲೆ ಎಸಂದರಲೆ ಸಶಾಕ್ಷಿಯನು ಹಹೌದನು ನಸಂತರ ನಶಾನನು ಸದರಿ ಹರವನನುನ್ನ ನಶಾನನು ಆಕಲೆಗ ಲೆ ಮರನುಪಶಾವತ 37 Crl. Misc. No. 555/2011 ಮಶಾಡಿದಲೆದ್ದಾ ನೋ ನಲೆ ಎಸಂದನು ನನುಡಿಯನುತಶಾತರಲೆ.
22) Further, Ex.P10 document discloses that, both the parties to the petition have jointly owed account at State Bank of Mysore and there was a loan of Rs.
5,68,130/-. none of the Parties have produced the clearance certificate. It is the case of the petitioner that she paid the part payment and raised loan of Rs. 6,75,000/- to purchase of the Schedule B and C property. In the sale deed the consideration amount is shown as Rs. 50,500/-. on the otherhand, though the respondent has stated that he has paid the entire consideration amount, fails to produce the documents for sources of amount. However the flat is jointly standing in the name of the Petitioner and Respondent. Petitioner has got absolute right over the schedule B and C property in respect of her half share as per the deed. Even it is her shared household property as agreed by the parties to the petition. As such the respondent is hereby directed to restrain from dispossessing or interfering with her possession over the schedule B and C property and also it is directed to the respondent not to commit any further domestic violence against the Petitioner. Since the flat is jointly standing in the name of parties to the Petition injunction order is not given in favour of Petitioner. This court answers Point No. 2 in the 38 Crl. Misc. No. 555/2011 affirmative and Point No. 3 in the negative for the petitioner.
Point No.5:
23) In view of the forgoing reasons this court proceed to pass the following:-
::ORDER::
The Petition filed by the petitioner under Section 12 of Protection of Women from Domestic Violence Act, 2005 is allowed in part.
It is directed to the respondent not to dispossess the Petitioner from shared household property.
By considering the relationship of the parties, cost not imposed.
Office is hereby directed to furnish the copy of this order free of cost to the petitioner.
(Dictated to the Stenographer directly on Computer, typed by her, script revised and corrected and then pronounced by me in the Open Court on this the 2nd day of January 2024.) (MANJULA B.) METROPOLITAN MAGISTRATE MMTC-II, BENGALURU 39 Crl. Misc. No. 555/2011 ANNEXURE NO. OF WITNESSES EXAMINED ON BEHALF OF PETITIONER:
PW.1 Smt. Suma/ Petitioner PW.2 Adithya Kumar
DOCUMENTS EXHIBITED ON BEHALF OF PETITIONER :
Ex.P.1 Marriage invitation card Ex.P.2 Birth certificate Ex.P.3 to 11 Statements of accounts Ex.P.12 Copy of bank pass book
Ex.P.13 to 21 9 School fees paid receipts Ex.P.22 Copy of performance student profile Ex.P.23 Medical prescription Ex.P.24 Police acknowledgement Ex.P.25 True copy of FIR in Cr.No.231/2011 Ex.P.26 True copy of complaint in Cr.No.231/2011 Ex.P.27 Certified copy of sale deed dated 17/11/2005 Ex.P.28 General power of attorney Ex.P.29 Medical ID card of petitioner Ex.P.30 Voter ID card of petitioner Ex.P.31 Patient record of respondent NO. OF WITNESSES EXAMINED ON BEHALF OF RESPONDENT :
RW.1 Sri. N.V.Shekar Babu /Respondent DOCUMENTS EXHIBITED ON BEHALF OF RESPONDENT :
Ex.R.1and 2 Health cards
Ex.R.3 Letter issued by BWSSB dated 23/09/2011
Ex.R.4 Conditional deed for sale of site
Ex.R.5 Allotment advice of Alembic Pharmaceuticals Ltd.,
Ex.R.6 Letter of Bajaj Allianz Life Insurance dated
11/05/2012
Ex.R.7 Service certificate issued by NMKRV College
40 Crl. Misc. No. 555/2011
Ex.R.8 Non-UGC Certificate issued by NMKRV College
Ex.R.9 Copy of letter by the respondent
Ex.R.10 & 11 Postal receipts
Ex.R.12 Postal acknowledgment
Ex.R.13 Face book document
Ex.R.14 to 16 Health insurance cards Ex.R.17 Certified copy of memorandum of appeal No.248/2012 Ex.R.18 5 receipts of part payment for flat No.106 Ex.R.19 LIC bond Ex.R.20 SBI life insurance bond Ex.R.21 Payment advice of petitioner Ex.R.22 Certified copy of petition in Crl. Misc. No.25/2009 Ex.R.23 Certified copy of petition in Crl. Misc. No.353/20139 Ex.R.24 Tax paid receipts Ex.R.25 Acknowledgement Ex.R.26 Certified copy of charge sheet in CC No.11793/12 Ex.R.27 to 30 Certified copies of depositions in CC No.11793/12 (MANJULA B.) METROPOLITAN MAGISTRATE MMTC-II, BENGALURU