Delhi District Court
Kanak Laxmi vs . Harender Kumar on 2 March, 2017
IN THE COURT OF MS. ARCHANA BENIWAL
METROPOLITAN MAGISTRATE (MAHILA COURT)03,
Distt. SOUTHWEST, DWARKA COURTS, NEW DELHI.
CC no. 4994844/16
U/s 12 of Protection of Women from Domestic Violence Act, 2005.
1. Khanak Laxmi
D/o Sh. Shiv Kumar
W/o Sh. Harender Kumar
R/o B207, Sector3,
Phase1, Dwarka,
Delhi110059. ..... Complainant
Versus
1. Sh. Harender Kumar (Husband)
S/o Sh. Mahender Singh
2. Sh. Arvind (Brotherinlaw)
S/o Mahender Singh
Both resident of
Billage Khorna
District Mahamaya Nagar,
Uttar Pradesh. ..... Respondents
Date of Institution : 10.12.2013
Date on which Judgment Reserved : 02.03.2017
Date of Judgment : 02.03.2017
CC no. 4994844/16
Kanak Laxmi Vs. Harender Kumar
Ex parte Judgment dated 02.03.2017 Page no. 1 of 10
EX PARTE JUDGMENT
1. Vide this judgment, I shall dispose off application the under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter called the PWDV Act) filed by Applicant Smt. Kanak Laxmi (hereinafter called the applicant/ complainant) against her husband Harender Kumar and brotherinlaw Arvind (hereinafter called the respondents).
2. Brief facts of the case of applicant/ complainant Smt. Kanak Laxmi are as follows: Complainant Smt. Kanak Laxmi stated that she was married to respondent no. 1 Harender Kumar on 07.06.2011 according to Hindu rites and ceremonies. At the time of marriage, mother of the complainant bore all the expenditure of marriage amounting to nearly Rs. 2 lacs and had also gifted various valuable items and general items i.e. gold ornaments, silver ornaments, T.V. Washing machine etc. as well as Rs. 50,000/ in cash to respondent no. 1 as demanded by him. But since the very beginning of marriage, CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 2 of 10 complainant was harrassed, tortured, beaten and abused for bringing insufficient dowry and on various occasion demanded money and bike from the mother of the complainant. Complainant alleged that respondent was a habitual drinker and had sold all her istridhan jewellery articles and used to beat her. Thereafter, on 21.09.2013, respondent no. 1 & 2 beat her mercilessly with legs and fists and eventually she called at 100 number and case u/s 107/151 Cr.PC with DD no. 26/B dated 22.09.2013 was registered against the respondents. On 04.10.2013, complainant lodged a complaint before CAW Cell, Sector09, Dwarka, Delhi. Thereafter, since 21.09.2013 complainant is residing at her parental home.
3. It is submitted that respondent no.1 is working as a Supervisor in a private Company and earning Rs.30,000/ per month but not paying any money to the complainant for maintenance of herself.
4. Notice of the application was sent to both the respondents.
Respondent no. 2 did not appear even once before the court and was proceed exparte on 31.03.2015. WS was filed by respondent no.1. CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 3 of 10 Respondent no. 1 was proceed exparte on 25.06.2017. The matter was fixed for exparte complainant's evidence.
5. On 13.10.2016, complainant tendered her Exparte evidence by way of affidavit which is Ex. PW1/A. She reiterated the facts mentioned in her application and relied upon the following documents and proved them as under :
i) Complainant's complaint before the court as Ex. PW1/1.
(ii) Complainant's marriage certificate (OSR) Ex. PW1/2
iii) photographs of karwachaut Ex. PW1/3.
iv) copy of Adhaar Card Ex. PW1/4 (OSR).
v) copy of Driving Licence of respondent no. 1 Ex. PW1/5.
vi) Copy of complaint filed before CAW Cell dated 11.01.2013 Ex. PW1/6.
6. After the exparte complainant evidence, the case was fixed for Ex parte Final Arguments.
7. Final arguments were addressed by the counsel for complainant. I CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 4 of 10 have heard the submissions and carefully perused the documents brought on record.
BRIEF REASONS FOR DECISION AND DECISION THERE OF
8. Applicant is entitled to relief under the act only if she is able to prove herself as an AGGRIEVED PERSON as per Section 2(a) of the Act for which she has to prove herself to have resided in a DOMESTIC RELATIONSHIP (as defined in section 2(f) of the Act) in a SHARED HOUSEHOLD (as defined in Section 2(s) of the Act), where she was subjected to DOMESTIC VIOLENCE by the Respondents.
9. Applicant has categorically affirmed infliction of physical, economical and mental abuse upon herself by the respondents. She has mentioned several incidents and the circumstances under which both the respondents committed domestic violence upon her while she was residing with them in shared household during the subsistence of her marriage with respondent no. 1 Harender Kumar. CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 5 of 10
10. Respondents were proceeded exparte and they didn't even move any application for setting aside exparte order. So, the respondents chose not to crossexamine the complainant and accordingly deposition of the complainant goes unrebutted. Hence, it is sufficiently proved on the record that the applicant Kanak Laxmi has suffered domestic violence at the hands of the respondents at her shared household while being in domestic relationship with them.
11. In view of the above discussion and considering the unrebutted testimony of the complainant Kanak Laxmi, she is adjudicated to be an Aggrieved Person under Section 2(a) of the Act. Evidence led by the complainant has supported the complainant's version reasonably and the complainant has been reasonably able to prove her case on proof of balance of probabilities, entitling her to requisite reliefs under Section 12 PWDV Act.
RESIDENCE & MAINTENANCE ORDER
12. Applicant has alleged in the application that her husband/respondent CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 6 of 10 no. 1 is a Supervisor in a Private Company and earns around Rs.30,000/ to 35,000/ per month. On the other hand she submits that she is a house wife and is bereft of any source of income to maintain herself. Accordingly, she has prayed that her husband may be directed to pay maintenance to her. She further submits that the respondents be restrained from dispossession her from the household.
Though the complainant submits that her husband Harender Kumar is a Supervisor in a private company but she has not brought on record any document to show that respondent no.1 is earning Rs. 30,000/ per month. On 14.05.2015, respondent no. 1 had submitted before the court that he was earning only around Rs. 5,000 to 6,000/ per month and the complainant had also admitted the same. Today she has submitted that the her husband might be earning about Rs. 15,000/ per month but she is not sure. She has also admitted before the court that she has never seen any salary slip or receipt showing an amount of Rs.30,000/ as claimed by her. She has also submitted that earlier she was working in a beauty Palour but she had quit her CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 7 of 10 job.
13. So admittedly, the respondent no. 1 was earning about Rs. 6000/ per month and the complainant is also capable of earning the same amount if she starts working.
In ANNURITA VOHRA vs. SANDEEP VOHRA 2004(3) AD 252, it is laid down that family income should be divided equally between all the family members entitled to maintenance with one extra portion/share being allotted to the earning spouse since extra expenses would necessarily occur.
In view of the principle laid down in the above judgment and considering all the facts and circumstances of the case and in the absence of any material placed on record, respondent no. 1 Harender Kumar is directed to pay a maintenance of Rs.2,000/ per month to the complainant from the date of the application i.e. from 10.12.2013 till the remarriage of the complainant.
CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 8 of 10
14. As regards the relief against dispossession of the complainant from the property of the respondent no. 1 is concerned, the said relief is not pressed by the complainant herself as she does not wish to return the premises/ home of the husband.
Needless to say, amount of maintenance paid in any other proceedings shall be adjusted.
15. Respondent no 1 Harender Kumar is further directed to clear the arrears within six months from the date of order and to pay monthly maintenance as accrued per month, by the 10 th day of each month, by depositing the same directly in the bank account of the complainant, the details of which shall be provided by the complainant to the protection officer as well as respondent no. 1 Harender Kumar. COMPENSATION ORDER
16. No compensation has been claimed by the complainant u/s 22 of DV Act, in the present application.
CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 9 of 10
17. Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 stands disposed off.
18. Copy of order be given Dasti to the applicant. Copy of order be also sent to both the respondents for their information and necessary effective compliance.
19. Copy of this order be also sent to the Protection Officer and to SHO concerned for effective compliance.
20. File be consigned to record room.
ANNOUNCED IN THE OPEN COURT (ARCHANA BENIWAL) nd TODAY ON 02 March, 2017 MM, Mahila Court03/SW, Dwarka Courts, New Delhi CC no. 4994844/16 Kanak Laxmi Vs. Harender Kumar Ex parte Judgment dated 02.03.2017 Page no. 10 of 10