Delhi District Court
Cc No. 127/1/12 Ps S. Bazar. Smt Nasira @ ... vs . Dilshad Khan on 12 August, 2014
1
IN THE COURT OF MS. MONA TARDI KERKETTA : MM: MAHILA COURT: THC:DELHI
CC No. 127/1/12
PS: SADAR BAZAR
2401R: 0456492012
Nasira @ Nazrin Bano
W/O Dilawar Khan,
R/O 6515/A,
Chamellian Road, Delhi. ..... COMPLAINANT
VERSUS
1. Dilshad Khan (Husband)
2. Bano ( Mother in law )
3. Zahid ( Brother in law )
4. Sahid ( Brother in law)
5. Javed ( Brother in law )
All R/O 168, Mandir Wali Galli,
Purva Tahir hussain, Railway Road,
Ghanta Ghar, Meerut, Uttar Pradesh. ......RESPONDENTS.
Date of Institution : 25.09.2012 Date of reserving for order : 12.08.2014 Date of final order : 12.08.2014 THE BRIEF REASONS FOR JUST DECISION OF THE CASE 1. The present complaint has been filed by the complainant under section 12 of
Domestic Violence Act, 2005 against the respondents, respondent no.1 is the husband and other respondents are inlaws of the complainant. The brief facts of the case as have been disclosed in the complaint are that the complainant was married to respondent no.1 on 15.10.2000 according to Muslim rites and ceremonies at Shahi Shikander Mandir, Police Colony, Chammellian Road, Delhi110006 with great pomp and show as per demand of the respondents and parents of the complainant gave huge amount of dowry as demanded by the respondent.
CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 2
2. It is further stated that soon after her marriage the complainant went to matrimonial home at Meerut, Uttar Pradesh and lived in a shared house with the respondents. On 16.10.2000, the very next day, the complainant awoke due very loud argument among the respondents in matrimonial home. When the complainant went out to see what is the matter, the complainant was found that the respondents were belitting, condemning, criticizing and hurling abuses to see the dowry articles brought by her. The respondent no.1 was quietly standing at one corner and watching at the other respondents hurling abuses, after few minutes he went out from the house. However, the complainant went inside to her room and she was silently weeping at her fate. After sometime there was a knock at the door, someone told the respondents that the respondent no.1 is dead drunk and lying on the lane. On hearing this, all the male respondents went to patch him as soon the respondent no.1 was brought back home, the motherinlaw started blaming complainant for the respondent no.1 condition. The motherinlaw told the complainant that she is reason for respondent no.1 such condition. She stated abusing her by using vernacular language saying that the complainant should have brought cash instead of such useless dowry articles. Hearing this mother abusing, shouting and screaming, the respondent no.1 in a drunkard condition called up the parents of the complainant and told the father of the complainant back along with her entire dowry articles as they are not satisfied and happy with the dowry articles given to them.
3. It is further stated that upon receiving such disturbing call from the respondent no.1, the family members of the complainant got very worried and concern for the safety of complainant. The family members of the complainant along with few known person (around 30 people) went to the matrimonial home of the complainant at Meerut, Uttar Pradesh. On reaching the matrimonial home of the complainant , the respondents told the father that the dowry articles given are not as per their demands, therefore they are not happy. At this the father of the complainant clearly told the respondents that if it is so he is willing to take the complainant back. On hearing this the respondent no.1 gets up and apologizes for himself and on behalf of his family members for their behaviors. After a lengthy discussion and assurance given to the complainant's family members by the respondents, the father of the complainant agreed to give a chance to the respondents and CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 3 returned to Delhi leaving the complainant in the care and custody of the respondents.
4. It is further stated that after few months of her marriage the complainant got pregnant with his 1st child. Meanwhile, it came to the knowledge of the complainant that the respondent was not only an alcoholic but also a substance abused and he also often indulged into gambling. As soon as the respondents came to know that the complainant have conceived the complainant was told by the motherinlaw and brotherinlaw (Dewar unmarried at that point of time) to move out of the house and to live separately. They would keep harassing her and abuse her saying that her husband does not earn enough; therefore she should start earning. Therefore the complainant started working for the brotherinlaw (Dewar) on a daily basis for which he used to pay her rupees 25/ for day. The brotherinlaw (Dewar) was washer man. The complainant had to stand whole day to iron the clothes without proper food and nourishment as a result she fell ill. Due to such cruel behavior the complainant had to come back to her natal home most of the time for her proper care and nourishment.
5. It is further stated that before the marriage of the complainant the family of the complainant was told that "the respondent no.1 was a tailor and running his own business of tailoring shop." However after the marriage, the complainant found that respondent no.1 was hardly doing any work instead of drinking, gambling, and taking drugs. He did not give any money to the complainant for even her basic needs instead he harassed and abused her to demand money from her family. The complainant had to often ask money from her family in order to buy some peaceful days thus her family gave them some amounts, which stopped the harassment for a while. As soon as the money finished, the respondents started taunting, abusing and harassing her. In the month of August 2001, when complainant was 8 months pregnant, the respondents told her to demand money from her parents, which she refused. Upon her refusal the respondent no.1 brutally assaulted her due to which the health of the complainant became so serious that she was not able to even walk. The complainant remained in that critical condition for a week at home. However, when her health was deteriorated and also due to the interference by the neighbors the motherinlaw decided to take her to a Doctor. The doctor after doing the basic investigation and looking at the condition of the complainant told the motherinlaw to CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 4 immediately admit her but despite that repeated advises by the doctor, she taken her back to the matrimonial home without any treatment.
6. It is further stated that on 30.9.2001, the complainant again became seriously ill and at the same time she had her labor. The respondents first called for a midwife (Daima) however after sensing the degree of the seriousness of the health of the complainant she told the respondents to take her to a doctor as the condition of the complainant was beyond her understanding. At last, the respondents decided to call a doctor at home itself after seeing the condition of the complainant the doctor decided to do a minor surgery on the complainant to facilitate the delivery of the baby. A baby boy was born on 30.09.2001. After sometime when the complainant regained her senses, she asked for the respondent no.1 and to her utter shocked, she was told that the respondent no.1 was not even present during all this time with her. Later, the complainant came to know that the respondent no.1 was drinking and gambling with his friends in the neighborhood.
7. It is further stated that only 10 days after the delivery the family of the complainant called to know how she is doing. The complainant told her mother that she is in a pathetic situation. The infant baby was also suffering from pneumonia due to the cold enough warm clothes. Hearing the suffering and ordeal of the complainant the family requested the respondents to allow them to come and take her and the child however the request was turn down. However they refused the complainant's father to take the complainant and child instead demanded money saying that if he is so concern for the complainant and the child he should give some money for milk and medicine. At this seeing the condition of the baby and the complain the father of the complainant gave rupees 20,000/ to the respondent and left.
8. It is further stated that after 1 month and 15 days of her delivery the complainant came to her natal home and lived with her family for 2 months. Thereafter she went back to her matrimonial home and at the matrimonial home again the respondent started abusing and harassing her and the complainant would again come back to live with her parents. She frequently visits her parents home to live for 23 months to avoid further harassment and torture and this shuffling continues for 3 years. Whenever she was at her matrimonial home she continued working for her brotherinlaw on daily basis and earned living for herself.
CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 5 The motherinlaw and the brotherinlaw abused her verbally because of the respondent no.1 attitudes, irresponsible and drinking habits. The mother inlaw and the sisterinlaw always nagged her by constant taunting on the ishtridhan she brought even though they were using all the dowry articles. Whenever the complainant was away at her ishtridhan articles one by one without the knowledge of the complainant. The complainant live in her matrimonial home with all the respondents nearly for 3 years suffering from humiliation physical and mental abuse and constant day to day harassment for not bring enough dowry.
9. It is further stated that the complainant in the month of March of 2003, when she could not anymore bear the constant nagging physical and mental abuse torture and humiliation she decided to move out of the matrimonial home along with her minor son and the respondent no.1. She shifted to Delhi at Mandwali area to her masi (aunty) home as her aunty was leaving for Shimla for some time. There she rented a small room on rent for rupees 500/ a month with the help of her family. She started using this small room for ironing clothes to earn living. Even there the respondent no.1 did not stop their cruel behaviour mental harassment and verbal abused towards the complainant. They would often visit her to harass and abused the complainant. That complainant lived in her Aunty home for almost for 56 months as she was told to shift back to her matrimonial home at Meerut, UP, due to death of her fatherinlaw. During the stay even in Mandwali the respondent no.1 continued to drink and spend all the money for drinking and he also indulged in womanizing. The complainant even visited her fatherinlaw twice when she came to know about his illness. During this period the complainant fall sick and her family members took her to Ram Manohar Lohia Hospital for treatment. After detailed investigation, the doctor diagnosed some accumulation of water in her lungs and they started her treatment at Ram Manohar Lohia Hospital.
10. It is further stated that the fatherinlaw of the complainant was passed away on 25.07.2009. Consequently the complainant was called back to her matrimonial home to attain her motherinlaw who was undergoing the IDDAT period of 4 months and 10 days as the religious requirement which is a mandatory under the Shariat Law. That the sisterin law (Jethani) of the complainant went back to her natal home as she categorically stated she wish not to take any responsibility towards her motherinlaw. That the complainant CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 6 without any complains and qualms obeyed the respondents with a sense of responsibility towards her matrimonial home at such tragic time. The complainant sacrificed to the extent that she kept her son with her mother as there was no one to look after the child when she was busy at work and attending her motherinlaw. During this time the complainant was very weak as herself was undergoing treatment for her lungs. She had to visit to PML Hospital every week for treatment. However, as soon as the iddat period of 4 months and 10 days of her motherinlaw was over she was told to live separately. The youngest brotherinlaw even physically assaulted her and told her to leave the matrimonial home as she was not required anymore. The complainant during 4 months and 10 days saved up some money given by her family members to buy a silver " Kada" as gift for her motherinlaw as soon after IDDAT period is over. Giving a gift after the IDDAT period is over is a ritual followed by Muslim to show their love and respect however the mother after receiving the gift she sold off the same. During this period the respondent no.1 did not work properly, however he would snatch away the hard money earned by the complainant as daily labor for her brotherinlaw. Whenever, she refused to give her the money, he along with his brother and mother would physically assault her. The complainant tried her best to adjust and endured the physical and mental cruelty inflicted upon her by the respondents.
11. It is further stated that after the IDDAT period of her motherinlaw was over, the complainant lived in her matrimonial home with all the respondents for one month and 15 days. However when she could no longer endure to the physical and mental cruelty inflicted upon her by the respondents, she decides to leave her matrimonial home after the brother inlaw (Devar) physically assaulted. The complainant came back to her natal home at Delhi and lived with them for some time. After sometime living at her natal home, she was shifted to Loni, Gaziabad, Uttar Paradesh, with the help of her family both emotionally and financially. The complainant rented a room for rupees 350/ per month, which she used as both for the shelter and ironing cloths to earn living for herself and her child. The respondent no.1 also followed her and stayed there with the complainant. The other respondents would often visited her rented room harassed and abused the complainant and demanded money from her. The complainant lived at Loni, Gaziabad, Uttar Pradesh from 2004 till 2011. All these years the respondent no.1 remained womanizing due to which he CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 7 spend his entire earning to treat other women. He would even take away all her little earnings for buying alcohol. The son of the respondent no.1 started going to school at Gaziabad, Uttar Pradesh, however, the respondent no.1 did not take any responsibility even towards the child.
12. It is further stated that the complainant again got pregnant during this time and on 12/03/2007 she gave birth to a girl child. The child was born by cesarean in a Private Nursing Home at Rajouri Garden, Delhi on 12/3/2007. The entire expenses of the hospital were borne by the family members of the complainant. Even during her pregnancy respondent no.1 remained away from the home leaving the complainant and the child. The complainant had single handedly taken care of the household and her children when she was staying at Rampark, Loni, Gaziabad, Uttar Pradesh, however the respondent no.1 and his family members had never offered any help whatsoever to the complainant instead they often visited her to demand money and to take away her little earning which she saved for emergency. The complainant remained the mercy of her family members.
13. It is further stated that after one month and half, child was born, the respondents called the respondent no.1 and complainant to come to attend the marriage of her brother inlaw. The complainant along with her children went to the matrimonial home and stayed there for 1 month. Thereafter, they came back to Rampark, Loni, Gaziabad, however, the respondent no.1 one left again immediately without saying anything to the complainant. Since then, the respondent no.1 was away from complainant and the children of six months without any news. He came back to the complainant and the children only in the beginning of 2008 and informed the complainant that he was in Meerut Jail in a murder case. The complainant after hearing the word murder she got very scared and tried her best to know the truth from the respondent no.1 However, till date the respondent no.1 had not told the complainant the truth about his disappearance for 6 months.
14. It is further stated that the respondent no.1 thereafter stayed with the complainant and the children for 23 days and again went away without any information. The complainant was single handedly taking care of the household chores and the children. During this time the complainant realized that there was immense pain developed on her lower back of her spinal cord. The complainant went to RML Hospital for treatment, after a CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 8 Procedural medical investigation the doctors in the hospital told her that there is blockage of a nerve due to which she cannot stand. Thereafter the complainant was advised to undergo a surgery which she cloud not go due to non cooperation of the respondent no.1 . The complainant continued to stay at Rampark, Loni, Ghaziabad, without any support from the respondent no.1 and he was busy womanizing without any concern for the complainant and the children. During this time the respondent no.1 was working with a builder as his assistant and earning good money, however he did not give a penny to the complainant.
15. It is further stated that in June 2009, after summer vacation of her son was over, out of desperation the complainant shifted to her natal home to live with her married brother and parents along with her two children at Delhi. As the respondent no. 1 was not taking any family responsibility towards maintaining the complainant and the children, instead his family members often visited to harass and abused her. The complainant took help him from her family members to get her son and daughter admitted to the nearby Government School. All this time the respondent was busy with his girlfriend namely Shanaz. The complainant along with the children shifted to her natal home and the respondent no.1 joined them only after two months. After shifting himself to her natal house, the respondent no.1 started a business of selling fruits by the help of the family members of the complainant. The respondent instead of being thankful to the family members of the complainant, he could frequently harass the complainant for no rhyme or reason; the respondent no.1 used to physically, mentally and economically harassed the complainant and his family members and had leveled extremely cheap and shocking allegations of incestuous relationship with her own brother. The complainant on 30.04.2012 also had lodged a written complaint at Crime Against Women Cell, Sabzi Mandi Police Station with regards to harassment and torture caused by the respondent no.1 and his family.
16. It is further stated that even after the shifting to her natal home, the respondents often visited and demanded money from the complainant and her parents. The respondents no.1 lived in the natal home of the complainant from 2009 to 2012 June, the respondent no.1 often get drunk and pick up fights not only with the complainant and her family members but also with their neighbors. The respondent no.1 even tried to poison the complainant. Many a time's the family members and the neighbors had to dial number 100 when the CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 9 respondent no.1 created riot like situation in the house and in the neighborhood. Due to the respondent no.1 arrogant attitude, unsocial behavior and his drinking habit, the family members of the complainant told them to leave the house. At this the respondent no.1 was adamant that he will leave only if the complainant comes along with her. As a result, the respondent no.1 took the complainant and children back to the matrimonial home to Meeerut on 17.06.2012. On reaching the matrimonial home, the other respondents did not allow her to enter the matrimonial home. For 12 days she was not allowed to enter the matrimonial home and she was kept outside the matrimonial home without food, shelter and clothes. She was not even allowed to use the lavatory of the matrimonial home.
17. It is further stated that on 27.06.201, when the complainant could not any longer tolerate and torture and humiliation, she enters the matrimonial home forcefully. Upon this all the respondents push her into a room a poured kerosene oil on her and tried to burn her. However, the complainant after gathering strength she managed to slipped herself from the clutches of the respondents and locked herself inside the bathroom and poured water on her body. However, due to the fusion of heat of the body and the atmosphere, the skin of the complainant body got irritated with burning sensation. As soon as she came out from the bathroom, she demanded that her children be given to her, however the respondents refused and instead told her that if she wants her children back she need to bring 2 lac from her parents. Thereafter, the complainant was locked in the house whole night without anything to eat and drink.
18. It is further stated that on 28.06.2012, in the morning when all the respondents were busy, the complainant slipped out of the matrimonial home. The complainant straightly went to a house of a relative who lives in the vicinity and narrate them horrifying incident of the night she endured. On hearing her narration, the relatives immediately made a call at her natal home, the parents and relatives of the complainant hired a taxi and came to her matrimonial home at Meerut. The complainant repeated request the respondents to hand over the children to her. However, the respondents refused. When after repeated request for the whole day the respondents refused to hand over the children to the complainant. The complainant along with her parents went to the Thana Delhi Gate, Police Station, Meerut, U.P. To lodged an oral complaint along with her parents went to the Thana Delhi Gate, Police CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 10 Station, Meerut, U.P to lodged an oral complaint against the respondents. The police officials from Thana Delhi Gate, Police Station, Meerut, U.P took note of her oral complainant and accompanied the complainant to her matrimonial home. Upon reaching her matrimonial home she shown them her clothes which were lying in the bucket with strong smell of kerosene coming out from it. After listening to both the parties, the police took all them to Police Station.
19. It is further stated that on 28.06.2012, at Delhi Gate, Police Station, Meerut, U.P, the complainant demanded that FIR be lodge against the respondents. However, the police refuses saying that you wanted your children in your custody and they are with you and she was told to leave with her parents who came with few relatives from Delhi. The complainant along with her children accompanied by her mother and the relatives left Meerut at around 8 pm. Even after coming back to Delhi the respondent no.1 would call the complainant to threaten to her and her family members that he will kidnapped her two children if his demands of two lakhs rupees are not fulfilled. He further threatens the complainant he would attack her with acid and burn her face.
20. It is further stated that on 19.08.2012 was holiday for the school being Sunday, the children went out to play around the house and the complainant was busy with her work. At about 01.00 pm, the complainant was looking around for the children as it was lunch time but she could not find. The complainant thought the children might be gone to some friend's place, so she waiting for them to return home by themselves. However, at 2.00 to 2.30 pm a neighbor namely Imitaz called her to tell that the respondent no.1 called him and told her he has brought the children to Meerut. On hearing this news the complainant and her parents made a call to the respondents to confirm the same. At her matrimonial home, Uncle (Chacha) of the respondent no.1 received the call and confirmed the news. At this the complainant pleaded the Uncle (Chacha) to send the children back to Delhi as they are missing their school. However, the respondent's refuses saying that no one from respondent's family went to school and therefore it is not necessary for the children to go school and saying this they hang up the phone. After this incident complainant who is nearly 7 months pregnant and her health got more deteriorated due to the tension and depression. That on 23.08.2012, the complainant after getting strength and went to Crime CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 11 Against Women Cell at Nanakpura, New Delhi to lodged a complaint that the respondent no. 1 had taken the children to Meerut without the knowledge and her consent. At Crime Against Women Cell, Nanakpura she was told that she must lodged a complaint to the nearest Police Station simultaneously, therefore on 28.08.2012, the written complaint was lodge at Sadar Bazar Police Station, New Delhi.
21. It is further stated that the son is 11 years old and is studying in classs VI at Muncipal Corporation of Delhi and the daughter is 6 years old and is studying in class I. However, the respondent no.1 without any concern to the welfare of the children, with only intention to spoil the children mind and to further mentally and emotional harass the complainant, with evil intention taken away the children from the custody of the complainant without her consent and knowledge.
22. It is further stated that respondent no.1 runs a fruit shop and he is rupees 25,0000/ per month. He has no other responsibility than the complainant the children. The complainant is almost 7 months pregnant, therefore require due care and medical attention and she is totally depends upon her family members for emotional and financial support.
23. The following orders have been requested to be passed :
(a) Protection Order under Section 18 thereby prohibiting the respondents from committing acts of domestic violence, entering the natal home of the complainant House no. 6515/A, Chamelian Road, Delhi, from selling/disposing off /alienating/transferring or creating any third party interest of the matrimonial home, from having any form of communication with the complainant with the complainant or coming in proximity of the complainant and her relatives, disposing off any of the Istridhan belonging to the complainant lying in the matrimonial home.
(b) Residence order u/s 19 thereby directing the respondent to secure same level of alternate accommodation as enjoyed by complainant in the matrimonial home under section 19.
(c) Monetary relief under section 20 thereby directing the respondent to pay Rs. 25,000/ per month.
(d) Custody order u/s 21 of DV Act. (e) Compensation under Section 22 @ Rs. 5 lacs . CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 12
24. Notice to the petition was directed to be sent to respondents. The respondents appeared in pursuant to notice and vide order dated 11.10.2012, they were directed to file written statement but despite availing number of opportunities, no reply was filed and vide order dated 22.7.2013, right to file written statement was closed and defence of respondents was struck off. Subsequent thereto matter was fixed for complainant evidence.
25. The complainant has examined herself as CW1 and tendered her affidavit Ex CW1/A, bearing her signatures at point A and B and relied upon documents Ex. CW 1/1 i.e. Nikahnama (OSR). The respondents did not cross examine her despite opportunities and stopped appearing before the court. On completion of complainant evidence, matter was fixed for final arguments. Final arguments were heard on behalf of the complainant but the respondents did not turn up to address their arguments.
26. I have heard the Ld. counsel for the complainant and perused the entire record with his assistance.
27. At the very outset, it is pertinent to mention that complainant in order to be entitled to the relief under the Domestic Violence Act, 2005 is required to establish, that firstly there is a domestic relationship as defined u/s 2(f) of the above said Act between complainant and respondents and thereafter it is also required to be established that she has been a victim of domestic violence as defined u/s 3 of the said Act.
28. Domestic relationship has been defined under the Act in Section 2(f) as under : (f ) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 13 family members living together as a joint family.
29. In this regard it be observed that the testimony of complainant has remained unrebutted and unchallenged. The respondents had appeared before the court but they did not dispute relationship with the complainant at any point of time. It also be observed that there is no counter claim of the respondents, hence, domestic relationship between the parties stands proved.
30. It is also incumbent upon the complainant to establish that she has been a victim of domestic violence. The complainant has categorically stated in her petition as well as affidavit about various incidents and acts of domestic violence committed upon her at the hands of respondents. The testimonies of CW1 as regards the domestic violence have remained unrebutted and uncontroverted on account of failure of respondents to cross examine them and hence deemed to have been accepted by them. No counter claim has been made and proved during cross examination of the complainant hence the factum of being victim of domestic violence has been established.
31. By way of present application, the complainant has prayed for protection order u/s 18 of the Act, the complainant has specifically stated about the acts of domestic violence committed by the respondents. Though the testimonies of the complainant as regard the domestic violence have remained unrebutted and uncontroverted on account of failure of the respondents to cross examine them but it is on record that the complainant has been residing separately from the respondents at her parental house and she has not narrated any recent incident or act of domestic violence being committed upon her since separation. It be further observed that there is no evidence regarding dowry articles on record. Hence no ground is made out to pass protection order in favour of the complainant.
CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 14
32. So far as residence order under section 19 is concerned, it be observed that the house in question constitutes shared household therefore the complainant is at liberty to reside therein and in case the complainant chooses to live therein then the respondents are directed not to dispossess her without due process of law. As regard prayer regarding arrangement of alternative accommodation, the court is of the view that "Maintenance/Monetary'' relief shall include food, clothing, medical expenses, residence etc., hence, there is no need to direct provision of alternative accommodation be made for the complainant.
33. Now coming to Monetary relief under section 20, the complainant has claimed that she is need of Rs 25,000/ per month as maintenance. Regarding income of respondent no.1, the complainant has claimed that respondent no. 1 runs a fruit shop and earning Rs.
25,000/ per month and having no other liabilities except to maintain the complainant and their children. The complainant has also claimed that she is illiterate and unskilled lady without any source of income and depended upon her parents for her and her children's maintenance. In this regard, it be observed that though the testimonies of CW1 has remained unchallenged and unrebutted but she has not filed and proved on record the employment and income of respondent no.1. In the absence of any cogent evidence, the income of respondent no. 1 is assessed of an unskilled labour as per Minimum Wages Act, which is more than Rs. 7500/ per month. It be observed that children of the parties are in the custody of respondent no. 1, who has the liability to maintain them. Having regard to the income of the respondent no.1 and status of the parties , their responsibilities and liabilities, the respondent no. 1 is directed to make an arrangement for Rs. 2000/ ( Rs Two Thousand only )per month in favour of the complainant from the date of filing of present CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 15 petition. Payment shall be made by 10th of every month by money order or be deposited in the bank account of the petitioner. Arrears shall be cleared within 3 months. Maintenance awarded in other proceedings shall be liable to adjustment.
34. Custody order under section 21 has also been made. In this regard, it be observed that section 21 provides grant of temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and does not provide permanent custody of child/ children. If the complainant intends to have permanent custody of children then she is at liberty to approach appropriate forum. However the complainant is at liberty to avail her visitation right of her children once in a week either before the court or at public place convenient to both the parties.
35. Compensation under section 22 @ Rs. 5 lacs has also been prayed. It be observed that the complainant has not been able to prove physical and mental injuries caused to her Accordingly, the prayer of compensation is declined.
36. Ordered Accordingly.
37. File be consigned to record room after completion of necessary formalities.
ANNOUNCED IN OPEN COURT ON12.08.2014 (MONA TARDI KERKETTA) MM02/MAHILACOURTS THC/DELHI CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan 16 CC No. 127/1/12 PS: SADAR BAZAR 2401R: 0456492012 12.8.2014 Present : None for the parties Vide separate detailed order, the present complaint is disposed off accordingly.
File be consigned to Record Room after completion of necessary formalities.
(MONA TARDI KERKETTA) MM02/ Mahila Courts THC/Delhi 12.8.2014 CC no. 127/1/12 PS S. Bazar. Smt Nasira @ Nazrin Bano Vs. Dilshad Khan