Bangalore District Court
Smt.Priya.G vs Sri.Pramod on 8 January, 2020
IN THE COURT OF METROPOLITAN MAGISTRATE TRAFFIC
COURT - V, BENGALURU
PRESENT : SMT.POOJA SHETTI
BA., LL.B. (Hon's).
M.M.T.C - V, BENGALURU
DATED THIS 8th DAY OF JANUARY 2020
Crl. Misc.No.75 - 2019
PETITIONER: Smt.Priya.G,
W/o.Pramod,
D/o.V.Gopal,
Aged about 24 years,
R/at.No.61, 2nd Main Road,
3rd Cross Road, Pattegarapalya,
Bengaluru - 560 072.
// VS //
RESPONDENT : Sri.Pramod,
S/o.Late.Raju,
Aged about 38 years,
R/at.No.841, 2nd Cross Road,
Byaraveshwaranagar,
Laggere,
Bengaluru - 560 058.
ORDER
This is the petition filed by the petitioner against the respondent under section 12 of the Protection of Women from Domestic Violence At., 2005 (herein after referred as P.W.D.V. Act, 2005) seeking various relief.
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2. The brief facts of the petitioners case is as follows;
That marriage between the petitioner and the respondent was solemnized on 11.12.2014 at Sri Lakshmi Venkateshwara Temple, Laggere. It was a love cum arranged marriage. The respondent is son of maternal aunt of the petitioner. The marriage was performed in a simple manner in the presence of few people. It is the submission of the petitioner that, in spite of knowing that, respondent is a drunkard with the hope of changing him, the petitioner married him and started to reside with the respondent and his mother at Byraveshwaranagar, Bengaluru. The petitioner further submits that, after marriage the respondent did not had permanent job and he used to spend his entire earnings on his bad habit. Thereafter, as the petitioner was compelled to vacate the rented premises, she and respondent shifted to Pattegarapalya and mother of the respondent shifted to Bommasandra, in spite of marriage, respondent continued his bad habit and meanwhile, petitioner gave birth to a female child and the respondent continued to harass the petitioner, he used to quarrel with her, without any reason and used to abuse her, he never gave any thing 3 Crl. Misc.No.75 - 2019 towards the household expenses. According to petitioner, her parents are poor and they were not in a position to help the petitioner and after a year of marriage, the respondent started to demand money from her parents stating that, he will start his own business, he also threaten her parents, hence her parents mortgaged jewellaries and gave Rs.60,000/- as down payment for purchase of Mahindra Goods Vehicle. However, the respondent failed to pay EMI's, hence Canara Bank seized the vehicle, hence again her father paid three installments and got the vehicle released in favor of respondent. In spite of all these efforts, the respondent failed to reform himself and the vehicle was again seized, now the respondent is unemployed and roaming around without doing any work. When he was earning livelihood, he used to come home in the afternoon at 12.00 pm., and used to scold petitioner and her parents in abusive words. He used to beat the petitioner and used to cause blood injuries to her, hence petitioner lodged complaint, wherein the police called and advised him, in spite of that, he continued to assault the petitioner. Whenever any person came to the help of petitioner, during their quarrel, the 4 Crl. Misc.No.75 - 2019 respondent used to scold them by using abusive language and used to threaten the petitioner. Hence, the petitioner vacated the rented premises and started to reside with her parents at Pattegarapalya. Thereafter, the respondent started to come near her parents house by consuming alcohol and used to create nuisance. According to petitioner, she is working in a garments and the respondent by consuming alcohol, comes near her work place and makes defamatory statements against the petitioner. Due to the behavior of the respondent, petitioner has undergone mental trauma and she thought of committing suicide. According to petitioner, every day, the respondent is causing mental harassment to her, hence she is unable to lead a peaceful life and earn livelihood for her child. Hence, the petition.
3. After the registration of the petition, the notice was sent to the respondent through RPAD and P.O. However, the respondent did not appeared before the court, hence he was placed exparte.
5 Crl. Misc.No.75 - 2019
4. In order to prove her case, petitioner got herself examined as PW.1 and also another witness examined as PW.2 and got marked 4 documents as Ex.P.1 to Ex.P.4.
5. Perused both documentary and oral evidence available on record. Heard argument.
6. The points that arise for my consideration are;
1. Whether the petitioner proves that the respondent has subjected her to any form of domestic violence ?
2. Whether the petitioner is entitled for the relief's sought in the petition ?
3. What order?
7. My findings on the above said points are as follows:
Point No.1: In the AFFIRMATIVE;
Point No.2: In the AFFIRMATIVE;
Point No.3: As per the final order
for the following :
REASONS
8. POINT No.1 and 2: As these points are interlinked with each other, they are taken up together for consideration in order to avoid repetition.
6 Crl. Misc.No.75 - 2019
9. In order to prove her case, petitioner got herself examined as PW.1 and got her father examined as PW.2. PW.1 filed affidavit in lieu of her examination-in-chief and reiterated her averments of the petition. In order to prove the domestic relationship, petitioner has produced a letter dated 11.12.2014 issued by Sri Lakshmi Venkateshwara Temple Trust and got that marked as Ex.P.1. On perusal of Ex.P.1, the petitioner has married respondent on 11.12.2014. In support of Ex.P.1, she has also produced one photograph and a C.D., of her marriage and got them marked together as Ex.P.3. She has also produced her ration card and got that marked as Ex.P.4 and on perusal of the same, respondent has been shown as husband of the petitioner, hence all these documents prima-facie goes to show that, respondent is husband of the petitioner. Accordingly, domestic relationship between the petitioner and respondent as defined under section 2(f) of the P.W.D.V. Act, 2005 is proved.
10. It is the contention of the petitioner that, in spite of knowing that, respondent is a drunkard with the hope of changing him, the petitioner married him and started to reside with the 7 Crl. Misc.No.75 - 2019 respondent and his mother at Byraveshwaranagar, Bengaluru. The petitioner further submits that, after marriage the respondent did not had permanent job and he used to spend his entire earnings on his bad habit. Thereafter, as the petitioner was compelled to vacate the rented premises, she and respondent shifted to Pattegarapalya and mother of the respondent shifted to Bommasandra, in spite of marriage, respondent continued his bad habit and meanwhile, petitioner gave birth to a female child and the respondent continued to harass the petitioner, he used to quarrel with her, without any reason and used to abuse her, he never gave any thing towards the household expenses. According to petitioner, her parents are poor and they were not in a position to help the petitioner and after a year of marriage, the respondent started to demand money from her parents stating that, he will start his own business, he also threaten her parents, hence her parents mortgaged jewellaries and gave Rs.60,000/- as down payment for purchase of Mahindra Goods Vehicle. However, the respondent failed to pay EMI's, hence Canara Bank seized the vehicle, hence again her father paid three installments and got the vehicle 8 Crl. Misc.No.75 - 2019 released in favor of respondent. In spite of all these efforts, the respondent failed to reform himself and the vehicle was again seized, now the respondent is unemployed and roaming around without doing any work. When he was earning livelihood, he used to come home in the afternoon at 12.00 pm., and used to scold petitioner and her parents in abusive words. He used to beat the petitioner and used to cause blood injuries to her, hence petitioner lodged complaint, wherein the police called and advised him, in spite of that, he continued to assault the petitioner. Whenever any person came to the help of petitioner, during their quarrel, the respondent used to scold them by using abusive language and used to threaten the petitioner. Hence, the petitioner vacated the rented premises and started to reside with her parents at Pattegarapalya. Thereafter, the respondent started to come near her parents house by consuming alcohol and used to create nuisance. According to petitioner, she is working in a garments and the respondent by consuming alcohol, comes near her work place and makes defamatory statements against the petitioner. Due to the behavior of the respondent, petitioner has undergone mental trauma and 9 Crl. Misc.No.75 - 2019 she thought of committing suicide. According to petitioner, every day, the respondent is causing mental harassment to her, hence she is unable to lead a peaceful life and earn livelihood for her child.
11. In support of her contention, petitioner got her father examined as PW.2, PW.2 also filed affidavit in lieu of his examination- in-chief, wherein he reiterated averments of affidavit of PW.1. According to PW.2, he is residing at No.61, 2nd main road, 3rd cross road at Pattegarapalya. According to petitioner, she is residing in the said address which is her parents house and the respondent is coming near her work place and her parents house and causing mental harassment to the petitioner. Further, petitioner has also produced acknowledgment dated 01.04.2019 issued by Vijayanagara Police in NCR No.286/2019, wherein the petitioner has contended that, her husband pramod consumes alcohol everyday and quarrels with her, she has prayed to advise him properly, which is corroboration with the testimony of PW.1 and PW.2. Further, in the present petition, except praying for protection order and custody of the child, the petitioner has prayed for no other relief. As the respondent in spite of service of notice, remained exparte, evidence of 10 Crl. Misc.No.75 - 2019 PW.1 and PW.2 and Ex.P.2 i.e., acknowledgement issued by Vijayanagara Police Station remains unchallenged. Hence, this court is of the considered view that, respondent needs to be restrained from contacting petitioner or from going near her house or work place. Further, temporary custody of the child needs to be given to the petitioner, owing to child's tender age and facts and circumstances of the present case. Hence, I answered both Point No.1 and Point No.2 in the AFFIRMATIVE.
12. Point No.3: For the foregoing discussion and finding on Point No.1 and 2, following order is passed;
ORDER The petition filed by the petitioner under section 12 of the Protection of Women from Domestic Violence Act., 2005 is hereby allowed.
The respondent is hereby restrained from contacting petitioner or the child, within the surroundings of her house i.e., No.61, 2nd Main Road, 3rd Cross Road, Pattegarapalya, Bengaluru - 560 072, in case of any breach, the petitioner will be having 11 Crl. Misc.No.75 - 2019 liberty to take assistance of jurisdictional police.
The temporary custody of the child by name Kum.Ryna has been entrusted to the petitioner and the respondent is restrained from disturbing the temporary custody, unless from order of competent forum.
The parties shall bear their own cost.
The office is directed to supply free copy
of this order to the parties and to the
protection officer.
(The order dictated to the Stenographer, transcribed and typed by him and corrected and pronounced and signed by me on this 8TH day of January 2020) (POOJA SHETTI) METROPOLITAN MAGISTRATE, TRAFFIC COURT- V, BENGALURU.
ANNEXURE LIST OF WITNESSES EXAMINED FOR PETITIONER:
P.W.1 Smt.Priya.G.
P.W.2 V.Gopal.
LIST OF DOCUMENTS MARKED FOR PETITIONER
Ex.P.1 Letter given by Sri Lakshmi Venkateshwara
Temple Trust dated 11.12.2014.
Ex.P.2 Acknowledgement given by Vijayanagar Police
Station dated 01.04.2019.
12 Crl. Misc.No.75 - 2019
Ex.P.3 C.D.
Ex.P.4 Ration Card.
LIST OF WITNESSES EXAMINED FOR RESPONDENT NIL LIST OF DOCUMENTS MARKED FOR RESPONDENT:
NIL (POOJA SHETTI) METROPOLITAN MAGISTRATE, TRAFFIC COURT- V, BENGALURU.