Delhi District Court
Smt. Madhu vs Sh. Vikas on 31 August, 2009
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IN THE COURT OF MS. SHUCHI LALER,
MM (MAHILA COURTS), KKD DELHI
CASE NO. 456/06
IN THE MATTER OF
Smt. Madhu
w/o Sh. Vikas
d/o Late Sh. Bhagwal Dass
r/o B1/30, Welcome Seelampur,
Delhi - 53. .......... petitioner
Versus
Sh. Vikas
s/o Late Sh. Gokul Chand
r/o 2288/6, Raghunath Bagichi,
Sadar Bazar, Delhi - 6. .......... respondent
Date of institution : 13112006 Date on which the judgement has been reserved : 31082009 Date of judgement : 31082009 PETITION U/S 125 CR.P.C. FOR THE MAINTENANCE ON BEHALF OF THE PETITIONER EXPARTE JUDGEMENT Vide this exparte judgement, I shall decide the petition U/s 125 Cr.P.C. for grant of maintenance moved by petitioner wherein it is stated that petitioner got married to the respondent on 2004 : 2 : 2006 as per Hindu Rites & Customs at Delhi. It is stated that the father of the petitioner had given dowry beyond their capacity and spent about Rs.2 lakhs for the marriage of petitioner and gave everything of household articles, however, the respondent and his family members specially motherinlaw, brotherinlaw, Jeths and Jethani and Devars were not satisfied with the dowry articles at the time of marriage. It has been alleged that on 23042006, the respondent and his family members snatched all the jewellery articles and told the petitioner to bring Bajaj Pulsar Motorcycle and Rs.50,000/ in cash from her father, otherwise, the petitioner would not be allowed to reside with her husband. The petitioner has made a complaint regarding harassment in furtherance of demand of dowry to SHO PS Welcome on 19062006, to DCP North East District, Seelampur and to ACP CAW Cell, Nand Nagari, Delhi. It has been alleged that on 03062006, the respondent and his family members had given merciless beatings to the petitioner and had thrown her out from the matrimonial home in three wearing clothes. The petitioner has stated that she : 3 : in an illiterate lady, having no source of income and is unable to maintain herself. It has been claimed that the respondent is doing the Cable Operator work and is earning Rs.8,000/ p.m. and has two houses, one of them is situated at Sadar Bazar, Delhi and the other is situated at Pappan Kalan, Delhi and both have been given on rent of Rs.12,000/ p.m and as such maintenance of Rs.8,000/ per month for petitioner is prayed.
2. Reply has been filed wherein the respondent has admitted the factum of marriage and has stated that after marriage, he came to know that the petitioner had the bad habit of chewing tobacco mixture. The respondent has also stated that he tried to bring back the petitioner, however, the petitioner refused to return to the matrimonial home. The allegations of demand of dowry have been traversed by the respondent. The respondent has stated that in CAW Cell, a compromise was reached between the parties, wherein the petitioner expressed her desire to live separately and received her entire istridhan articles alongwith Rs.55,000/ and undertook not to file any case against the respondent. The : 4 : respondent has denied that he is a Cable Operator and has claimed that he is working with a Cable Operator at a salary of Rs.4,000/ per week. The respondent has averred that the house is situated at Sadar Bazar, Delhi is in the name of his grand father in which the respondent has 1 / 24 share and the said house has been let out at a nominal rate of Rs.10/ p.m. The respondent has denied having any house at Pappan Kalan.
3. Replication has been filed by the Petitioner wherein the assertions to the contrary have been controverted and has reiterated the facts stated in the Petition.
4. Vide order dated 29042008, interim maintenance was granted in favour of the petitioner whereby the respondent was directed to pay a sum of Rs.2,500/ per month in favour of petitioner. Thereafter the matter was listed for petitioner's evidence, however, on 21052009, despite repeated calls since morning, none appeared on behalf of the respondent, accordingly, the respondent was proceeded exparte.
5. The petitioner has examined herself as PW1 and has : 5 : tendered her evidence by way of affidavit, which is Ex.PW1/A wherein she has reiterated the facts stated in the petition.
6. I have heard the Ld. Counsel for petitioner and perused the record with his assistance.
7. The testimony of the petitioner as regards harassment, torture, cruelty and non maintenance are deemed to have been proved for want of cross examination / rebuttal. The petitioner has not discharged the onus to establish the exact income of respondent on record. Neither any document nor any witness has been examined by the petitioner to prove that the respondent is doing his own work of Cable Operator. The respondent has himself admitted in his reply that he is working with a Cable Operator of the area and has further admitted that he has 1/24 share in the property situated at Sadar Bazar, which is fetching rent. In these circumstances, the respondent is presumed to be earning Rs.5,000/ p.m. Accordingly, the respondent is directed to make arrangement for Rs.2,500/ per month in favour of petitioner from the date of petition.
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8. Payment shall be made by 7th of every month by money order or be deposited in the bank account of the petitioner. Arrears shall be cleared within 3 months. Amount received subsequent to any order shall be liable to adjustment.
File be consigned to Record Room.
ANNOUNCED IN OPEN COURT (SHUCHI LALER) ON 31082009 MM/MAHILA COURTS