Delhi District Court
Smt. Reshu W/O Sh. Ram Jatan vs Sh. Ram Jatan S/O Late Sh. Sri Ram on 24 September, 2013
IN THE COURT OF MS. TYAGITA SINGH: METROPOLITAN MAGISTRATE
(SOUTH WEST)-01, MAHILA COURT, DWARKA, NEW DELHI
CC No. 529/1/13
U/s 12 of protection of women from Domestic Violence Act 2005
PS Dwarka Sector-16
Smt. Reshu W/o Sh. Ram Jatan
R/o C-90, Shivani Enclave Phase-I
Purana Palam Road,
Kakraula, New Delhi-78 .....Petitioner / applicant
Versus
1. Sh. Ram Jatan S/o Late Sh. Sri Ram
2. Ram Kewal S/o Late Sh. Sri Ram
3. Ram Newal S/o Late Sh. Sri Ram
4. Shiv Dulari W/o Late Sh. Sri Ram
All resident of
R/o Pawan Vihar
Khoda Colony
District Ghaziabad, UP
Permanent R/o
Village Pure Mohan Mishra
(Sarkauda) Post Kudwar
District Sultanpur, UP .....Respondents
Date of Institution : 13-02-2013
Date on which judgment reserved : 06.09.2013
Date of Judgment : 24.09.2013
Sh. Kamlesh Aggarwal, counsel for complainant
Resu Vs. Ram Jatan & Ors. Page 1 of 6
12 DV Act Ex parte Judgment
EX-PARTE JUDGMENT
BRIEF FACTS
1. Vide this exparte judgment, I shall dispose off the application of complainant / aggrieved person (hereinafter referred as complainant) Smt. Reshu u/s 12 of protection of women from Domestic Violence Act 2005 for short DV Act. Brief facts of the case are that complainant has stated that she was married with her husband i.e. respondent no. 1 Sh. Ram Jatan on 24.02.2012 at Delhi according to Hindu rites and customs and no child was born from this wedlock.
2. Complainant has alleged that her father is a Painter by profession and spent huge amount of Rs. 10 lacs in the marriage and gave handsome dowry articles to complainant but respondents were not satisfied and always used to taunt her for bringing insufficient and sub standard articles. Various allegations of harassment and cruelty have been mentioned in the domestic incident report annexed with this complaint by the complainant. Complainant has alleged that respondent no. 1 is a man of bad habits who takes liquor and is addicted to gambling and used to beat her after taking liquor. Complainant has further alleged that respondent no. 1 used to compel complainant to work to fulfill his illegal demands despite the fact that complainant is an illiterate lady. Resu Vs. Ram Jatan & Ors. Page 2 of 6 12 DV Act Ex parte Judgment
3. Complainant has stated that in the month of May 2012, respondent no. 1 met with accident and damaged his motorcycle and demanded money from complainant and then, her younger brother Rohit gave sum of Rs. 5,000/- to respondent no. 1. Complainant has further stated that she was compelled to do domestic work from morning till night and was beaten by kicks and fists by respondents. Complainant has alleged that respondent no. 1 used to compel her to ask her father to give share to respondent no. 1 in his property. Complainant has stated that on 07.11.2012, respondents mercilessly beat up complainant for demand of cash and on the next day on 08.11.2012, her uncle took her back to the parental home and since then, she is residing in her parental home.
5. Summons were issued to respondents but on 08.05.2013, complainant requested that respondents are appearing regularly in other case in Counseling where next date is 09.05.2013, therefore, on her request, the case was fixed on 09.05.2013 and respondent no. 1 appeared in court and stated that he had received the copy and he will file reply on next date but respondents failed to file any reply thereafter, due to which they were proceeded against exparte.
6. Complainant has led her exparte evidence by way of affidavit Resu Vs. Ram Jatan & Ors. Page 3 of 6 12 DV Act Ex parte Judgment Ex.CW1/1 and exhibited her marriage photograph as Ex.CW1/A and photocopy of marriage card as Mark-A and the list of stridhan articles as Mark-B and the bills and invoices of stridhan articles collectively as Mark-C comprising of 11 pages.
7. Perusal of affidavit of complainant Ex.CW1/1 reveals that she has reiterated all the facts mentioned in the complaint in her affidavit also and she has further stated that FIR no. 216/13 u/s 498-A/406/34 IPC PS Dwarka North has been registered against accused persons. Complainant has also stated that maintenance petition u/s 125 Cr.P.C. is pending before Hon'ble Family Court, Dwarka. Complainant has not mentioned anything regarding the job of respondent no. 1 and his earning. Perusal of all the invoices / bills reveal that they are having the dates much prior to the date of marriage and it can not be said that the articles mentioned in the invoices were purchased for the purpose of marriage of complainant and were given in the marriage. Only one photograph of marriage of complainant with respondent no. 1 has been filed on record which shows that marriage was a very simple ceremony. After closure of CE, exparte final arguments were heard on last date and case was fixed for order for today. Brief Reasons for Decision and Decision Thereof :
After hearing final arguments and perusal of evidence, this court Resu Vs. Ram Jatan & Ors. Page 4 of 6 12 DV Act Ex parte Judgment is of the opinion that complainant has proved her case for grant of relief under Protection of Women from Domestic Violence Act 2005. The affidavit Ex.CW1/1 clearly shows that domestic violence was being committed upon complainant by the respondents. The evidence of complainant has gone unrebutted since respondents were proceeded against exparte. Hence, case for grant of relief under Domestic Violence Act is made out in favour of complainant.
MONETARY RELIEF Complainant has not mentioned anything regarding job and earning of respondent no. 1. However, complainant is a poor lady and there is no source of income from which complainant can sustain herself, keeping in view the fact that respondent no. 1 Ram Jatan is a hale and hearty person and able bodied man and legally liable to maintain his wife, hence, his minimum monthly income is assessed at Rs. 8,500/- per month and he is directed to pay maintenance in sum of Rs. 2,500/- per month to the complainant from the date of filing of application i.e. from 13.02.2013 till the subsistence of marriage or till subsistence of this order. The respondent no. 1 is directed to pay the arrears of maintenance from 13.02.2013 till today, within the 3 months from date of order. The respondent no. 1 is further directed to pay monthly maintenance as awarded above to the complainant as accrued per month by 10th day of every month.
Resu Vs. Ram Jatan & Ors. Page 5 of 6 12 DV Act Ex parte Judgment LITIGATION EXPENSES All the respondents are directed to pay litigation expenses of Rs. 5,000/- to the applicant / complainant for the expenses incurred by her on this application. No other order needs to be passed in the given facts and circumstances. The application u/s 12 of Protection of Women from Domestic Violence Act 2005 stands disposed off. File be consigned to record room.
ANNOUNCED IN THE OPEN COURT ( TYAGITA SINGH ) TODAY ON 24th SEPTEMBER, 2013 MM-01(SW), MAHILA COURT Resu Vs. Ram Jatan & Ors. Page 6 of 6 12 DV Act Ex parte Judgment