Bangalore District Court
And The vs Is Earning A Sum Of Rs. 6 on 5 June, 2015
IN THE COURT OF METROPOLITAN MAGISTRATE,
TRAFFIC COURT-II, BENGALURU.
Present: Sri. Rajendra Kumar. K.M.
LLM. M Phil,
Metropolitan Magistrate,
Traffic Court-II, Bengaluru.
DATED THIS 5TH DAY OF JUNE 2015.
CRL. MISC. No. 1/2015
Aggrieved Smt. Kalpana W/o Seetharama Janu
Persons/petitioner: Gowda, aged; 24 yrs, R/at No. 37, 1st
Floor, Patalamma Temple Street, (Near
Pai Vista Conventional Hall),
Basavanagudi, Bengaluru-04.
Represented by: Sri. LNS, Adv.
v/s
Respondents: Seetharama Janu Gowda S/o Janu
Some Gowda, aged; 37 yrs, R/at
Bhurakanta, Mallenahalli, Sirasi Taluk,
North Kanara District. (Placed Ex-parte)
ORDER
This is a Petition filed by the petitioner against the respondent U/sec. 12 of the Protection of Women From Domestic Violence Act-2005 praying this court to pass protection order, residence order, to pay monthly maintenance of Rs. 25,000/- per month (towards food, cloth, medicines, house hold expenses, rent and other basic necessities), and to pay compensation of Rs. 10 lakhs and for such other reliefs as 2 C.Misc. 1/2015 this court deems fit under the facts and circumstances of the case.
2. The brief facts of the petitioner's case are as follows:
It is stated in the petition that the marriage between the petitioner and the respondent was solemnized on 8.6.2012 at the residence of the respondent in accordance with the Hindu customs, rites and rituals and out of the wedlock there is no issue.
3. The petitioner further submits that the respondent was a teacher at D.Ed. College namely Vishwadarshana College at Yellapura, North Kanara District and is drawing about a sum of Rs. 15,000/- per month and he also having 8 acres of agricultural land at his native place and he is getting income of Rs. 6 lakh from the said land. All together the respondent is earning a sum of Rs. 6,15,000/- per month from all the sources. Hence, the respondent is capable to maintain the petitioner.
4. The petitioner further submits that she studied only up to 9th std. and she is not working anywhere as unable to go for work and she has to be maintained by the respondent and the petitioner need Rs. 25,000/- per month towards food, clothes, medicines and other basis necessities for day to day living and shelter and she also need residence order and without any maintenance and shelter she is unable to live in the society.
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5. The petitioner further submits that after the marriage she lived along with the respondent at Bengaluru and she lived happily with the respondent for few days only. During the month of September 2012 she went to the native place of the respondent and stayed with his parents about one month. In the said period the parents of the respondent have tortured her both mentally and physically to see that the petitioner will leave their place. That the parents of the respondent provoked the respondent to quarrel with the petitioner for one or the other reason and the respondent has caused Domestic Violence upon her. The petitioner was not in a position to tolerate the harassment given by her husband and they treated like domestic servant in the matrimonial house and the respondent used to beating, abusing with filthy language which was untolerable.
6. The petitioner further submits that the respondent is having an affair with a widow in his native place and neglected the petitioner in each and every aspect and petitioner requested him to provide at least minimum requirements to lead respectable life as dutiful husband, but the request made by her did not yield any result. That in the month of September 2012 the respondent demanded for gold jewels, when the petitioner refused the same the respondent beaten her on several occasions even with a stick on one occasion. That, at the instigation of the parents of the respondent, he used to torture her both physically and mentally and also 4 C.Misc. 1/2015 threatened her with dire consequences. After one month, the respondent took the petitioner to Bengaluru with a promise that he will lead happy life with the petitioner, but after staying for about two to three days he left to his native place.
7. The petitioner further submits that the parents of the petitioner made maximum efforts that they will lead the happy life, but the respondent has not shown any love and affection towards her and was also not ready to take her as a wife and not ready to lead happy life with the petitioner. Even for more than 2 yrs, the respondent has never turned up and also not paid the monthly rental and also not maintaining the petitioner. That, on 6.10.2012 the respondent has deserted the petitioner on his own and not turned up to lead happy married life and she is struggling hard to lead the life at Bengaluru and she is not working nor earning to lead her life. By contending so, the petitioner prays to allow the petition.
8. On the other hand, on service of summons, the respondent has not appeared before court nor filed any objections to the main petition.
9. On basis of the above mentioned averments the following points do arise for my consideration:
1. Whether petitioner proves that the respondent has committed domestic violence upon her as alleged?
2. Whether the petitioner prove that she is entitled for the reliefs as sought for?
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3. What order?
10. In order to substantiate the case of the petitioner, the petitioner herself has been examined as PW-1 and got marked documents at Exs.P. 1 to 4.
11. I have heard arguments on petitioner's side. Perused the entire records, my answer to the above framed points are as follows:
Point No. 1 : Affirmative.
Point No.2: Partly in Affirmative Point No.3 : As per final orders for the following:
REASONS
12. Point No.1:- It is the case of the petitioner in this case that the marriage between the petitioner and the respondent was solemnized on 8.6.2012 at the residence of the respondent in accordance with the Hindu customs, rites and rituals and out of the wedlock there is no issue.
13. The petitioner further submits that the respondent was a teacher at D.Ed. College namely Vishwadarshana College at Yellapura, North Kanara District and is drawing about a sum of Rs. 15,000/- per month and he also having 8 acres of agricultural land at his native place and he is getting income of Rs. 6 lakh from the said land. All together the respondent is earning a sum of Rs. 6,15,000/- per month from all the sources. Hence, the respondent is capable to maintain the petitioner.
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14. The petitioner further submits that she studied only up to 9th std. and she is not working anywhere as unable to go for work and she has to be maintained by the respondent and the petitioner need Rs. 25,000/- per month towards food, clothes, medicines and other basis necessities for day to day living and shelter and she also need residence order and without any maintenance and shelter she is unable to live in the society.
15. The petitioner further submits that after the marriage she lived along with the respondent at Bengaluru and she lived happily with the respondent for few days only. During the month of September 2012 she went to the native place of the respondent and stayed with his parents about one month. In the said period the parents of the respondent have tortured her both mentally and physically to see that the petitioner will leave their place. That the parents of the respondent provoked the respondent to quarrel with the petitioner for one or the other reason and the respondent has caused Domestic Violence upon her. The petitioner was not in a position to tolerate the harassment given by her husband and they treated like domestic servant in the matrimonial house and the respondent used to beating, abusing with filthy language which was untolerable.
16. The petitioner further submits that the respondent is having an affair with a widow in his native place and neglected the petitioner in each and every aspect and petitioner 7 C.Misc. 1/2015 requested him to provide at least minimum requirements to lead respectable life as dutiful husband, but the request made by her did not yield any result. That in the month of September 2012 the respondent demanded for gold jewels, when the petitioner refused the same the respondent beaten her on several occasions even with a stick on one occasion. That, at the instigation of the parents of the respondent, he used to torture her both physically and mentally and also threatened her with dire consequences. After one month, the respondent took the petitioner to Bengaluru with a promise that he will lead happy life with the petitioner, but after staying for about two to three days he left to his native place.
17. The petitioner further submits that the parents of the petitioner made maximum efforts that they will lead the happy life, but the respondent has not shown any love and affection towards her and was also not ready to take her as a wife and not ready to lead happy life with the petitioner. Even for more than 2 yrs, the respondent has never turned up and also not paid the monthly rental and also not maintaining the petitioner. That, on 6.10.2012 the respondent has deserted the petitioner on his own and not turned up to lead happy married life and she is struggling hard to lead the life at Bengaluru and she is not working nor earning to lead her life.
18. On the other hand, on service of notice, the respondent has not appeared before court nor filed any objections to the main petition.
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19. In view of the above rival contentions on behalf of either parties, it is necessary to go through the evidence led by petitioner on record. To substantiate the case of the petitioner, the petitioner herself has been examined as PW-1 wherein she has almost all reiterated her entire petition averments. Apart from the PW-1 got produced Ex.P.1 which is marriage invitation card of petitioner with respondent. The Ex.P.2 is the marriage photo copy of both petitioner and respondent. The said Exs.P.1 & 2 remained unchallenged as the respondent has not appeared before this court to deny the marriage. The Exs.P. 3 & 4 are the RTC extracts of Sy nos. 26 & 27 which stands in the name of father-in-law of the present respondent. Said Exs.P.3 & 4 are sufficient to hold that the respondent has got some ancestral properties having some income from it.
20. In this case, the respondent has not appeared before this court even though notice is served upon him. Therefore, the oral evidence and the documentary proofs relied upon by the PW-1 remains unchallenged. I have carefully gone through the Domestic Violence report wherein it appears that the respondent has committed various acts of the Domestic Violence upon the PW-1. When the respondent has not appeared before this court then an adverse inference can be drawn as against the respondent. However, in order to prove the income of the respondent, the present PW-1 has not produced any material before this court. Further, I am of the opinion that even though there is no document produced by 9 C.Misc. 1/2015 the PW-1, it is bounden duty of the husband to maintain his wife. The present petition can be allowed in part to meet ends of justice. The non-appearance of the respondent before this court is itself is sufficient to hold that the respondent is not maintaining his wife. On careful reading of the entire materials placed before this court, I am of the opinion that the respondent has committed Domestic Violence upon the petitioner. Hence, I answer the point No.1 in the Affirmative.
21. Point No.2: The present petitioner in this case has sought for protection order, residence order, to pay monthly maintenance of Rs. 25,000/- per month (towards food, cloth, medicines, house hold expenses, rent and other basic necessities) and to pay compensation of Rs. 10 lakhs.
22. In view of my answering to the point no.1 in the Affirmative, holding that the petitioner has suffered domestic violence at the hands of the respondent. It is just to pass the protection order within the meaning of sec. 18 of the Protection of Women From Domestic Violence Act-2005 to protect and safeguard the petitioners from possible violence upon her. Accordingly, the petitioner is entitled for protection and prohibition orders as sought by her. Accordingly, the petitioner is entitled for protection and prohibition orders as sought by her. The provisions of domestic violence act are social beneficial legislation for those who are neglected and who have no income of their own to support themselves so as to keep their body and soul together. The object of this act is 10 C.Misc. 1/2015 to prevent starvation and vagrancy by compelling a person to perform the moral obligation which he owes to the society in respect of his wife who is unable to support herself.
23. On marshalling the entire evidence and meticulous perusal of the documents in this case and also in view of the discussions made by me in the above point, the petitioner is entitled for maintenance from the respondent. The petitioner has neither pleaded nor produced any documents to substantiate her claim regarding the actual income of the respondent. However, it is the bounden duty of the respondent to maintain the petitioner. Further, the petitioner is not entitled for compensation and other expenses as she has not substantiated her claim with any documentary proofs. Hence, said reliefs cannot be granted at this stage. Taking into consideration of the inflation and day to day price hiking, I am of the opinion that, the petitioner is entitled for an amount of Rs. 3,000/- (Rs. Three thousand only) per month towards her maintenance including food, cloth, medicines, house hold expenses, rent and other expenses. As the respondent has not appeared before this court, the respondent is liable to pay the maintenance from the date of filing of this petition. Hence, I answer the point no.2 partly in affirmative.
24. Point No.3: In view of the reasons and discussions made above, the petitioners are entitled for the following reliefs. Hence I proceed to pass the following:
11 C.Misc. 1/2015 ORDER The petition filed by the petitioner U/sec. 12 of the Protection of Women From Domestic Violence Act-2005 is hereby disposed of as follows:
The respondent is hereby directed to pay the maintenance of Rs 3,000/-(Rs. Three thousand only) per month towards food, cloth, medicines, house hold expenses, rent and other basic necessities to the petitioner from the date of petition till her lifetime.
The respondent or his men are hereby prohibited from committing any act of domestic violence upon the petitioner, as well prohibited from aiding or abetting any act of domestic violence upon the petitioner.
The jurisdictional police are directed to assist the petitioner in enforcing the order.
The other prayers of the petitioner are deemed to be rejected.
The office is directed to issue free copy of the order to the petitioner.
(Dictated to the stenographer, transcribed and typed by her, corrected and then pronounced by me in the open court on this the 5th day of June 2015).
(Rajendra Kumar. K.M.) M.M.T.C-II, Bengaluru.
12 C.Misc. 1/2015 ANNEXURE List of witnesses examined for Petitioner:-
PW.1 :
Kalpana
List of documents marked for Petitioner:
Ex.P.1 Marriage invitation
Ex.P.2 Marriage photo
Ex.P.3 & 4 RTC extracts in Sy. Nos. 26 & 27
List of witnesses examined for Respondent:
NIL List of documents marked for Respondent:
NIL (Rajendra Kumar. K.M.) M.M.T.C-II, Bengaluru.
13 C.Misc. 1/2015 Orders vide separate Order sheet ORDER The petition filed by the petitioner U/sec. 12 of the Protection of Women From Domestic Violence Act-2005 is hereby disposed of as follows:
The respondent is hereby directed to pay the maintenance of Rs 3,000/-(Rs. Three thousand only) per month towards food, cloth, medicines, house hold expenses, rent and other basic necessities to the petitioner from the date of petition till her lifetime.
The respondent or his men are hereby prohibited from committing any act of domestic violence upon the petitioner, as well prohibited from aiding or abetting any act of domestic violence upon the petitioner.
14 C.Misc. 1/2015 The jurisdictional police are directed to assist the petitioner in enforcing the order.
The other prayers of the petitioner are deemed to be rejected.
The office is directed to issue free copy of the order to the petitioner.
(Rajendra Kumar. K.M) M.M.T.C-II, Bengaluru.