Bangalore District Court
Smt.Sanchari Maity vs Sri.Subhashis Manna on 13 March, 2023
1
Crl.Mis.69 - 2020
KABC070024302020
Presented on : 06-06-2020
Registered on : 06-06-2020
Decided on : 13-03-2023
Duration : 2 years, 9 months, 7 days
IN THE COURT OF METROPOLITAN MAGISTRATE TRAFFIC
COURT - V, BENGALURU
PRESENT : SRI.NATARAJA.S.T.
B.Sc., LL.B.,
M.M.T.C - V, BENGALURU
DATED THIS 13 th DAY OF MARCH 2023
Crl. Misc.No.69 - 2020
PETITIONER : Smt.Sanchari Maity, Aged about 37 years,
W/o.Shri Subhashish Manna, R/at.Elita
Promenade, Flat A7-1504, RBI Layout, JP Nagar,
Bengaluru - 560 078.
(Represented by Sri.M.K.N., Adv.)
2
Crl.Mis.69 - 2020
// VS //
RESPONDENTS: 1. Sri.Subhashis Manna, S/o.Sri.Kshudiram
Manna, Aged about 43 years.
2. Smt.Minati Manna, W/o.Sri.Kshudiram Manna.
Both are presently R/at.Elita Promenade, Flat A7-1504, RBI Layout, JP Nagar, Bengaluru - 560 078.
(Represented by Sri.A.H., Adv.) JU DG M E NT The present petition is filed by the petitioner under Sec.12 of The Protection of Women from Domestic Violence Act, 2005.
The case of the petitioner in brief as follows:
2. The petitioner and 1st respondent are the wife and husband and their marriage was solemnized on 29.05.2008 at Howrah Swamiji Sangha, Howrah-711104, West Bengal according to Hindu rites and ceremonies. The marriage was an arranged marriage. After the marriage the petitioner went to her matrimonial home in Kolkata and started matrimonial life with 1 st respondent along with 2nd respondent and her in-laws in a joint family. In the result of marital life of the petitioner and 1 st respondent they have begotten two children, one female child by name Saanvika Manna born on 29.10.2010 and 3 Crl.Mis.69 - 2020 one male child by name Sanshubh Manna born on 16.08.2013. The petitioner and the 1st respondent both were working. That, right from the beginning of their married life, the biggest issue is that, the petitioner faced lack of support and companionship from the 1 st respondent in addition to the constant and unsolicited interference of her in-laws in her matrimonial life. Since the date of marriage, the petitioner has been suffering from mental abuse, pain, helplessness, unhappiness and anger on account of the 1 st respondent and his family. Eventually, being unable to bear with the constant trauma and agony, the petitioner has been constrained to file the present petition and prays for A. Protection order under Section 18 in favour of the aggrieved person and prohibit the:
i. respondents from committing the act of Domestic Violence, ii. respondent No.2 from aiding respondent No.1 or abetting in the commission of Domestic Violence, iii. respondent No.1 from operating the Bank lockers jointly held by him with the aggrieved person in Axis Bank, Prince Anwar Shah Road, Kolkata, and State Bank of India, Muchipara Branch, Kolkata.4
Crl.Mis.69 - 2020 iv. respondent No.1 from alienating or taking away the jewellery belonging to the aggrieved person in Axis Bank, Prince Anwar Shah Road, Kolkata, and State Bank of India, Muchipura Branch, Kolkata and held by him in his almirah, in Bangalore.
v. respondent No.1 from causing violence to the mother and children of the aggrieved person and other relatives or any persons who gives the aggrieved person assistance from domestic violence.
vi. pass any other order as deemed fit by this Hon'ble Court.
B. Residence order under Section 19 in favour of the aggrieved person:
i. pass an order directing the respondents to permanently vacate the premises situated at Elita Promenade Flat N.A-7-1504, RBI Layout, J.P.Nagar, Bangalore where the respondent No.1 and respondent No.2 are currently residing and causing domestic violence to the aggrieved 5 Crl.Mis.69 - 2020 person, which property is taken on rent by the aggrieved person, in which the aggrieved person, two children and her mother reside. ii. restrain the respondents or any of their relatives from entering the above mentioned flat at Elita Promenade Flat N.A-7-1504, RBI Layout, J.P.Nagar, Bangalore, in which the aggrieved person, two children and her mother reside. C. Monetary relief under Section 20 in favour of the petitioner:
Direct the respondent No.1 to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month for maintenance of the minors from the date of filing of this petition.
3. After the registration of petition, notices have been issued to respondents. After the receipt of the notice, they marked their appearance through their Counsel but did not file any statement of objections and not contested the matter.
4. To substantiate her case, the petitioner got examined herself as PW.1 and got marked Ex.P.1 to Ex.P.15 and closed her side. Since respondents not contested the matter, the evidence of petitioner remained unchallenged. 6
Crl.Mis.69 - 2020
5. Heard arguments of learned Counsel for petitioner. The following points arose for consideration:
1. Whether the petitioner proves that she has been in domestic relationship with respondents?
2. Whether the petitioner further proves that she was resided in a shared household along with respondents and she has been subjected to domestic violence and neglected by the respondents?
3. Whether the petitioners are entitled for the reliefs as sought in the petition?
4. What order?
6. On perusal of materials placed before this Court, findings on the above points are as follows;
Point No.1 : In the Affirmative;
Point No.2 : In the Affirmative;
Point No.3 : In the Partly Affirmative;
Point No.4 : As per final order for the following; 7
Crl.Mis.69 - 2020 R EA S ON S
7. POINT No.1: In domestic violence case the petitioner/aggrieved person has to prove the domestic relationship between her and respondents, she resided with respondents in a shared household at any point of time, she has been subjected to any act of domestic violence by the respondents during their stay in domestic relationship in a shared household and she has been neglected by the respondents without any reasonable cause.
8. In order to prove the aspect of her domestic relationship with the respondents, the petitioner in her evidence by way of chief affidavit, reiterated whatever she had stated in her main petition and affirmed that, the petitioner and 1st respondent are the wife and husband and their marriage was solemnized on 29.05.2008 at Howrah Swamiji Sangha, Howrah-711104, West Bengal according to Hindu rites and ceremonies. The marriage was an arranged marriage. After the marriage the petitioner went to her matrimonial home in Kolkata and started matrimonial life with 1 st respondent along with 2nd respondent and her in-laws in a joint family. In the result of marital life of the petitioner and 1st respondent they have begotten two children, one female child by name Saanvika Manna born on 29.10.2010 and one male child by name Sanshubh Manna born on 16.08.2013. Further, narrated that, she has been subjected to emotional, physical, mental and economical abuse at the hands of 8 Crl.Mis.69 - 2020 respondents and family members. The petitioner narrated that, from the date of marriage she is in domestic relationship with the respondents. After the registration of petition, notices have been issued to respondents. After the receipt of the notice, they marked their appearance through their Counsel but did not file any statement of objections and not contested the matter. The respondents on subsequent dates of hearing did not appear to rebut the evidence of the petitioner. Instead of appearing and contesting the matter, the 1st respondent used to send letters to this court narrating that, it is the petitioner who is causing harassment to himself and as per him, he and 2 nd respondent have not caused any domestic violence. The respondent also stated that, he has requested his Counsel no to appear or contest any of the cases which are pending. Thus, from the un-rebutted evidence of the petitioner, this court holds that there is domestic relationship between petitioner and respondents. Hence, their relationship comes within the purview of domestic relationship as defined under the Act. Accordingly, this court answered Point No.1 in the Affirmative.
9. POINT No.2: The petitioner claims that, during her stay in matrimonial home, she was living in the shared household and she has been subjected to various forms of domestic violence at the hands of respondents. 9
Crl.Mis.69 - 2020 Before proceeding further it is essential to know as to what is the meaning of shared household and domestic violence, as per the PWDV Act.
Section 2 (s) defines shared household as follows:
(s) "shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
10. In a similar manner Section 3 of the PWDV Act, defines domestic violence as follows:
3. Definition of domestic violence.--For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-- 10
Crl.Mis.69 - 2020
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.--For the purposes of this section,--
(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) "verbal and emotional abuse" includes--
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) "economic abuse" includes--
11
Crl.Mis.69 - 2020
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II.--For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration.
11. In so far as the point whether the petitioner lived in shared household and she has been subjected to domestic violence at the hands of respondents is concerned, the petitioner in order to prove the aspect of her domestic relationship in shared household and she has been subjected to domestic violence at the hands of respondents, the petitioner in her evidence 12 Crl.Mis.69 - 2020 by way of chief affidavit, reiterated whatever she had stated in her main petition and affirmed that, the petitioner and 1 st respondent are the wife and husband and their marriage was solemnized on 29.05.2008 at Howrah Swamiji Sangha, Howrah-711104, West Bengal according to Hindu rites and ceremonies. The marriage was an arranged marriage. After the marriage the petitioner went to her matrimonial home in Kolkata and started matrimonial life with 1st respondent along with 2nd respondent and her in-laws in a joint family. In the result of marital life of the petitioner and 1 st respondent they have begotten two children, one female child by name Saanvika Manna born on 29.10.2010 and one male child by name Sanshubh Manna born on 16.08.2013. Further, narrated that, she has been subjected to emotional, physical, mental and economical abuse at the hands of respondents and family members. The petitioner narrated that, from the date of marriage she is in domestic relationship with the respondents. The petitioner and the 1 st respondent both were working. That, right from the beginning of their married life, the biggest issue is that, the petitioner faced lack of support and companionship from the 1st respondent in addition to the constant and unsolicited interference of her in-laws in her matrimonial life. Since the date of marriage, the petitioner has been suffering from mental abuse, pain, helplessness, unhappiness and anger on account of the 1 st respondent and his family. The 1st is a man of extremely ill-tempered, aggressive and 2 nd 13 Crl.Mis.69 - 2020 respondent would constantly interfere with the personal life of the petitioner and 1st respondent. The 2nd respondent dominated household by preventing the petitioner. The petitioner faced severe mental harassment by the 2 nd respondent, as she made statements like "I have also raised two children"
whenever the matter of discussion comes in relation to children. The 2 nd respondent always used to misguide the children and she would often tell the children that, the petitioner is wrong in disciplining them. The 2 nd respondent used to feed unnecessary things into the minds of the children. This behaviour of the 2nd respondent was and has been supported by the 1 st respondent. One of the major issues was especially the one of physical intimacy right after the delivery of the child. The 1 st respondent was insistent that the petitioner had to have sexual intercourse with him as and when a demand was put-forth with total disregard to the fact that the petitioner had delivered the first child through a C-Section (Caesarean Surgery), which is a complicated medical procedure. After some time the petitioner was transferred to Bangalore and she started to work in Bangalore. The petitioner has taken a house on rent situated at Elita Promenade Flat No.A-7-1504, RBI Layout, J.P.Nagar, Bangalore, all the expenses pertaining to the house including the rent and maintenance of the house along with all the expenditure was borne only by the petitioner solely and 1st respondent never discharged his duties as her husband. Even the 1 st respondent started to neglect the children. The respondents later on came to 14 Crl.Mis.69 - 2020 the house of the petitioner at Bangalore and they continued their acts even in Bangalore. The petitioner stated that she has suffered emotionally, physically, mentally and economically at the hands of respondents. Eventually, being unable to bear with the constant trauma and agony, the petitioner has been constrained to file the present petition. After the registration of petition, notices have been issued to respondents. After the receipt of the notice, they marked their appearance through their Counsel but did not file any statement of objections and not contested the matter. The respondents on subsequent dates of hearing did not appear to rebut the evidence of the petitioner. Instead of appearing and contesting the matter, the 1 st respondent used to send letters to this court narrating that, it is the petitioner who is causing harassment to himself and as per him, he and 2 nd respondent have not caused any domestic violence. The respondent also stated that, he has requested his Counsel no to appear or contest any of the cases which are pending. In the instant case there is no denial on the part of the respondents with regard to the allegations levelled against them. Thus, from the un-rebutted evidence of the petitioner, it appears that there were incidents of violence meted out by the petitioner by the respondents. Relying on the evidence of the petitioner this court holds that aspect of domestic relationship between the petitioner and respondents in shared household and the petitioner has been subjected to domestic violence at 15 Crl.Mis.69 - 2020 the hands of respondents stands proved. Accordingly, this court answered Point No.2 in the Affirmative.
12. POINT No.3: In the instant case, the petitioners has sought the following reliefs:-
A. Protection order under Section 18 in favour of the aggrieved person and prohibit the:
i. respondents from committing the act of Domestic Violence, ii. respondent No.2 from aiding respondent No.1 or abetting in the commission of Domestic Violence, iii. respondent No.1 from operating the Bank lockers jointly held by him with the aggrieved person in Axis Bank, Prince Anwar Shah Road, Kolkata, and State Bank of India, Muchipara Branch, Kolkata.
iv. respondent No.1 from alienating or taking away the jewellery belonging to the aggrieved person in Axis Bank, Prince Anwar Shah Road, Kolkata, and State Bank of India, Muchipura 16 Crl.Mis.69 - 2020 Branch, Kolkata and held by him in his almirah, in Bangalore.
v. respondent No.1 from causing violence to the mother and children of the aggrieved person and other relatives or any persons who gives the aggrieved person assistance from domestic violence.
vi. pass any other order as deemed fit by this Hon'ble Court.
B. Residence order under Section 19 in favour of the aggrieved person:
i. pass an order directing the respondents to permanently vacate the premises situated at Elita Promenade Flat N.A-7-1504, RBI Layout, J.P.Nagar, Bangalore where the respondent No.1 and respondent No.2 are currently residing and causing domestic violence to the aggrieved person, which property is taken on rent by the aggrieved person, in which the aggrieved person, two children and her mother reside. 17
Crl.Mis.69 - 2020 ii. restrain the respondents or any of their relatives from entering the above mentioned flat at Elita Promenade Flat N.A-7-1504, RBI Layout, J.P.Nagar, Bangalore, in which the aggrieved person, two children and her mother reside. C. Monetary relief under Section 20 in favour of the petitioner:
Direct the respondent No.1 to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month for maintenance of the minors from the date of filing of this petition.
13. In the instant case even though the petitioner has sought for the aforesaid reliefs i.e., for protection orders, residence orders and monetary reliefs at the time of filing the petition, she has withdrawn some of the prayers in Column A (iv) & C monetary relief by filing not press memos dated 04.08.2021 and 30.01.2023. In view of memo filed by the petitioner not pressing the prayers and after considering all these aspects and for the foregoing reasons and answer to point No.1 and 2, this court answered Point No.3 in Partly Affirmative.18
Crl.Mis.69 - 2020
14. POINT No.4: In view of the materials placed before this Court, pleadings, deposition and documentary evidence, this Court proceeds to pass the following;
OR DE R The petition filed by the petitioner under section 12 of The Protection of Women from Domestic Violence Act, 2005 is allowed in part.
The respondents are prohibited from committing or abetting any act of domestic violence against the petitioner, to the mother and children of the petitioner and other relatives or any persons who gives the aggrieved person assistance from domestic violence. In such an event the petitioner can approach jurisdictional protection officer and Police for suitable protection or assistance.
The respondents are hereby directed to permanently vacate the premises situated at Elita Promenade Flat N.A-7-1504, RBI Layout, J.P.Nagar, Bangalore and further the respondents are hereby restrained from 19 Crl.Mis.69 - 2020 entering the above mentioned flat at Elita Promenade Flat N.A-7-1504, RBI Layout, J.P.Nagar, Bangalore, in which the aggrieved person, two children and her mother reside.
Office is hereby directed to furnish a copy of this order free of cost to the petitioner.
(The order dictated to the Stenographer directly on computer and typed by him and corrected, pronounced and signed by me in the open Court on this 13 th day of March 2023) (NATARAJA.S.T.) METROPOLITAN MAGISTRATE, TRAFFIC COURT- V, BENGALURU.
ANNEXURE LIST OF WITNESSES EXAMINED FOR PETITIONER:
P.W.1 Sanchari Maity.
LIST OF DOCUMENTS MARKED FOR PETITIONER
Ex.P.1 Copy of Rental Agreement dated 29.07.2020.
Ex.P.2 Prescription given by Manipal Hospital dated
02.01.2021.
Ex.P.3 Prescription given by Apollo Clinic dated
18.10.2019.
20
Crl.Mis.69 - 2020
Ex.P.4 Prescription given by Fortis Hospital dated
30.01.2021.
Ex.P.5 to 7 E-Mail Printout and standing instructions and Certificate under section 65-B of Indian Evidence Act, 1872.
Ex.P.8 WhatsApp message Printout under section 65-B of Indian Evidence Act, 1872.
Ex.P.9 Certified copy of memorandum of petition filed for divorce in M.C.No.1605/2020.
Ex.P.10 Certified copy of order sheet in M.C.No.1605/2020. Ex.P.11 Certified copy of memorandum of petition filed for guardianship of minor in G @ WC No.92/2020.
Ex.P.12 Certified copy of order sheet in G @ WC No.92/2020.
Ex.P.13 14 Receipts. Ex.P.14 12 Receipts. Ex.P.15 Gmail and Invoice Printouts.
LIST OF WITNESSES EXAMINED FOR RESPONDENT NIL LIST OF DOCUMENTS MARKED FOR RESPONDENT:
NIL (NATARAJA.S.T.) METROPOLITAN MAGISTRATE, TRAFFIC COURT- V, BENGALURU