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[Cites 10, Cited by 0]

Bangalore District Court

K. Sukanya vs R1. B. Varatharajan on 31 January, 2026

                              1
                                                C.Misc. 75/2016.


KABC050058602016




                                     Presented on : 04-05-2016
                                     Registered on : 04-05-2016
                                     Decided on     : 31-01-2026
                         Duration    : 9 years, 8 months, 27 days
     JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC
            COURT-III), BENGALURU CITY
                PRESENT: SMT. MANJU.S.
                                    BAL, LLB, LLM.
                   JMFC (TC-III), Bengaluru.
     DATED THIS THE 31st DAY OF JANUARY 2026.
                   Crl. Misc. No. 75/2016
Petitioners :      1. Smt. K Sukanya,
                   W/o Varatharajan Bose,
                   Aged about 30 Years,

                   2. Baby V. Supritha,
                     D/o Varatharajan Bose,
                     Aged about 6 Years,
                     Petitioner no.2 is minor
                     represented through her
                     mother & natural guardian
                     petitioner no.1
                     Both are R/at 6th Cross,
                     Jayamma Building,
                     Nelagadanahalli,
                     Nagasandra Post,
                     Bengaluru-560073.
                                           (By Sri. J.V.P., Adv.)
                          2
                                          C.Misc. 75/2016.


                          V/s.
Respondent :   1. Sri. B. Varatharajan
                  S/o C. Bose,
                  Aged about 40 Years,
                  Working at Emulex,
                  Communications Pvt.Ltd.,
                  The Millenia Tower "C",
               Level 3, No.1 & 2,
               Murphy Road,Ulsoor,
               Bengaluru-560008.

               2. Sri. C. Bose,
                  S/o Chinnaiah Pillai,
                  Hindu, Major,
               3. Smt. Vasuki Bose,
                 W/o C. Bose,
                 Hindu, Major,
               4. Mrs. Kavitha
                 W/o Balasounder,
                 Hindu, Major.
                All are residing at
                No. 302, "A" Block,
                Pavani Layout Extension,
                Whitefield,
                Bengaluru.
               5. Mr. Karthikeyan Bose,
                  S/o C. Bose,
                 Aged about 30 Years,
                 No 38/2, 2nd Floor,
                 3rd Block, 5th Main,
                 Thyagarajanagar,
                 Bengaluru-560028.
                                      (by Sri K.K.S. Adv.,)
                             3
                                            C.Misc. 75/2016.


                  ORDERS ON MAIN PETITION

    1. This petitioners filed the said petition U/sec. 12

r/w sec. 18, 19 and 20 of Protection Of Women From

Domestic Violence Act, 2005.


  2. The facts of the case is as follows;

     It is the case of the petitioner that the marriage

between the petitioner no.1 and the respondent no.1

was solemnized on 08.03.2009 and the petitioner No.1

belongs to reputed family and petitioner no.1 father

was Retired Professor working in a reputed College in

Madurai, Tamil Nadu. After their marriage              the

petitioner No.1 was joined the company of Respondent

no.1 and subsequently the petitioner No.1 has gave

birth to one female child dated: 05.07.2010 by name

V.Supritha, on that day the respondent No.1 along with

other respondents were came to the hospital and

demanded more jewels and money from the parents of

petitioner no.1, because the petitioner no.1 was gave

birth to female child and subsequently the respondent

no.1 was assaulted the petitioner no.1 in the hospital.
                              4
                                             C.Misc. 75/2016.


3. The petitioner further stated that on 06.08.2010, the

respondent No.1 along with other respondents was

quarreled with the petitioner no.1 and her family

members for the purpose of dowry amount, jewels and

subsequently the respondents family left the petitioner

no. 1 in her parents' house and during the median of

said period after some negotiations, the petitioner No. 1's

parents was given 80 grams of gold jewels to the

respondent No.1 and subsequently the respondent No.1

was taken the petitioner nos.1 and 2 and accommodated

in Bengaluru on 01.01.2011. At the said period, the

petitioners were living with the respondent no.1 at BEML

Layout, Rajarajeshwarinagar, Bengaluru and there also

the respondent No.1 along with other respondents were

brutally beating the petitioners and took all the valuable

things, household things and vacated the said house

during the said period. The petitioners were waiting

outside the apartment without food and water till the

parents of the petitioner was reached to the said apartment

midnight at about 12.30 and again the petitioners were
                                 5
                                                    C.Misc. 75/2016.


taken by her parents and also the petitioners was

accommodated in her parents' house at Madurai. After

some mediation, the respondent No.1 was arranged the

shelter at Malleshpalya, again the respondent No.1 along

with other respondents mainly the respondent by name

Karthikeyan Bose was brutally assaulted the petitioner

No.1 and subsequently on 04.12.2012 the complaint was

registered    against     the       respondents     before     the

Byappanahalli    and     the    said    police    was    arranged

compromise and as per the said compromise the

petitioner No.1 was returned to her matrimonial home.

Again on 03.07.2013 as per ill-advice of the other

respondents     the     respondent      No.1     again    brutally

assaulted petitioner nos. 1 & 2, the petitioner nos. 1 and

2 were severely wounded and admitted in CMH

Hospital, Bengaluru, after receiving the intimation from

the hospital the police came from Byapanahalli Police

Station and got two statements from Petitioner No.1

respectively on 03.07.2013 and 04.07.2013, then again

the petitioner No.1 registered a complaint against all

the respondents after inquiry the respondent no.1 was
                               6
                                            C.Misc. 75/2016.


admitted his offence and gave a written statement that

hereafter he will never allow his parents to interfere in

their life to have peaceful family life.


4. The petitioner further stated that, after these

developments the petitioner no.1's parents was decided

to establish family life of her daughter peacefully for

the said reasons they purchased house property in the

name of both petitioner no.1 and the respondent no.1,

through the registered sale deed for valuable sale

consideration of Rs.26,64,000/-. The respondent No.1

along with other respondents were forcefully thrown

out the petitioner no.1 from own house and all her

belongings, necessary documents was kept inside the

house. The respondents not allowed the petitioners to

lead their own house and again they committed

physical and mental violence under one roof, without

giving any food, nourishment to the petitioners and

demanding the money and gold jewels from the

petitioner No.1's parents. On 04.07.2015, the Petitioner

No.1 was made a complaint against the Respondents
                            7
                                           C.Misc. 75/2016.


before the Whitefield Police, the Whitefield Police was

registered the FIR under Section 498-A of IPC and 3

and 4 of Dowry Prohibition Act and subsequently the

Respondent No.1 as per influence of other respondents

forcibly thrown out the Petitioners from the said house,

though the Respondent No.1 working at Software

Engineer in MLC Company and he was earned more

than Rs.5 lakhs from his job, but he was neglected to

maintain the Petitioners and the Petitioners were

unable to maintain themselves and till today the

Petitioners are depending on their old aged parents and

the said parents are facing their own problems.


5. The petitioner no.1 further submits that after some

negotiations was arranged between the petitioners and

respondents, the Respondent No.1 was agreed to

receive petitioners to the matrimonial home, and as per

the assurance of the respondent No.1 the petitioners

were entering into the Pavani Pleasant Apartment

entrance on 02.03.2016, but the gate was locked and

also the respondent No.1 was affixed one white colour
                             8
                                             C.Misc. 75/2016.


notice in front of the house door that "NO ADMISSION

WITHOUT PERMISSION ORDER BY COURT" then the

petitioner no.1 was made a complaint on same day

before the Whitefield Police and also in the said

complaint the Petitioner No.1 clearly stated that to

provide police protection to entering in her husband

house and also the said property is the joint property,

the respondent no.1 along with other respondents

influence forcibly prevented the petitioners to entering

into the shared house. But the said police was failed to

provide protection and to arrange the accommodation

in the shared house. It clearly shows that the petitioner

No.1 and 2 was suffered from domestic violence in the

hands of the respondents. Hence, this petition.


6. After the registration of petition, the notice has been

issued to the respondents. The respondents appeared

through their counsel and the respondent no.1 filed his

detailed objections to the main petition. Wherein, he

has denied the entire allegations narrated by the

petitioner in the petition in para wise and in toto. The
                                      9
                                                          C.Misc. 75/2016.


respondent no.1 admits the solemnization of marriage

between the respondent no.1 and the petitioner no.1 as

well as the birth of female child out of their wedlock.

The expenses of the marriage was borne by the

respondent no.2. The petitioner no.1 is a Computer

Engineering Graduate with BE degree in computer

science and Engineering and have worked as main

teacher      in    Chrysalis    High        School,      White      Field,

Bengaluru and she was earning gross salary of

Rs.20,000/- per month and Rs.2,60,000/- along with

perks. Being a computer Science Engineering graduate

and having software skill set, she is capable of earning

more than double salary of what she earned.

7. The father of the petitioner no.1 has money minded

attitude. He has demanded money from the 1 st

respondent now and then. He forced 1 st respondent to

transfer money on monthly basis and sometime

lump-sum          money.   Due       to     negative     influence     by

petitioner        no.1   and   her        father   and    sister,     she

blackmailed the 1st respondent that if he goes to his
                                10
                                                  C.Misc. 75/2016.


hometown to see his parents and grandparents, she

will file false case against him and his relatives. The

respondent no.1 approached Commissioner of Police

and gave complaint on 23.09.2013 regarding that, the

sister and father of the petitioner no.1 instigated the 1 st

petitioner to file false dowry case and false domestic

violence case in order to extract           money and house

from 1st respondent. Regarding this the 1st respondent

approached the Commissioner and given petition to

Commissioner of police Bengaluru on 14.11.2015. The

respondent no.1 gave the house on lease agreement on

5.12.2015    to   meet   his    financial    difficulties,   The

petitioner no.1 along with her father tried to break the

house lock on 02.03.2016 when tenant was not in

home. There is a litigation dispute (OS no.325/2016)

case filed by the tenant of the Whitefield house which

is pending on the Hon'ble Prl-II Civil Court, Bengaluru.


8. The respondent no.1 is staying alone in a rented

house in     Meenakshi Layout, Parappana Agrahar,

Bengaluru. The respondent no.1 is willing to share the
                            11
                                            C.Misc. 75/2016.


child expenses on actual equally with the petitioner

no.1. The respondent no.1 has voluntarily sent money

for his child expenditure to the 1st petitioner through

multiple money orders for the past one year. But the 1 st

petitioner returned all the money order except one. It is

clearly evident that the 1st petitioner is capable of

maintaining herself and child. Hence, on all these

ground prays to dismiss the petition.

9. Heard arguments on both the side. In turn both the

side counsels filed their written arguments. Perused

the materials placed on record.     The counsel for the

respondent relied upon the decisions passed by Apex

Courts in the Judgment which are reported as follows;


       i) Crl.R.P. No. 344/2011 "Damanpreet
       Kaur V/s Indermeet Juneja"
       ii)  M.Cr.C.No.5644/2016     between
       Kuldeep Singh and Ors V/s Rekha.
       iii) SPL Crl.No.2600/2016 between
       Abhijit Saha V/s Sangita Saha.
       iv) Crl.RP no. 1326/2015 between
       Ramesh V/s Navaneetha-Karnataka
       High Court.
       v) Dr.E. Shanthi V/s Dr. H.K. Vasudev-
                           12
                                          C.Misc. 75/2016.


      Karnataka High Court in WP no.
      31296/2003.
      vi)   S.   Anandanatesan V/s   P.
      Hemalatha-High Court of Madras in
      Crl.R.C.No.176/2021.
      vii) Koushik Gharami V/s Sangeeta
      Koushik Gharmi-Mumbai High Court in
      Crl.RP no. 32/2014.
      viii) Shymal Dutta V/s Sheli Dutta-
      Calcutta High Court in CRR no.
      2676/2019.
      ix) "Vijayanda Dattaram Naik V/s
      Vishranti Vijayananda Naik" in Crl.RP
      no. 60/2018.
      x) Mahalakshmi V/s Basavaraju by
      MMTC-III,        Bengaluru    in
      Crl.Misc.No.21/2020.
      xi) Anil Kumar V/s Shashi Bala in
      Cr.MMO No.30/2011.
"In the above decisions the Hon'ble apex courts held
and observed that.

          "Well qualified spouses desirous of
         remaining idle, not making efforts
         for the purpose of finding out a
         source of livelihood, have to be
         discouraged, with the society wants
         to progress".

10.   In support of her case the petitioner examined

herself as PW.1 and produced the documents which
                              13
                                                C.Misc. 75/2016.


are got marked and exhibit as Exs.P.1 to Exs.P.12 and

one witness examined on behalf of petitioner no.1 as

PW.2. The respondent no.1 examined himself as RW.1

and   produced the documents which are got marked

and exhibited as Ex.R.1 to 34.


      11. The points that arise for consideration are:-

              1. Whether the petitioner is
              entitled for the Protection Orders
              as contemplated U/sec. 18 of DV
              Act?

              2. Whether the petitioner is
              entitled     for     alternative
              accommodation as contemplated
              under Sec.19 of DV Act?

              3. Whether the petitioner is
              entitled for monetary relief as
              contemplated under Sec.20 of
              DV Act?

              4. What order?
  12.          The findings to the above points are as
  follows:-
                Point No.1 - In the Negative
                Point No.2 - In the Negative.
                Point No.3 - Partly in the affirmative.
                Point No.4 - As per Final Order, for the
                            following:-
                           14
                                          C.Misc. 75/2016.




                     -: R E A S O N S:-
13. Point Nos.1 and 2:         Since these points are

interconnected with each other and requires common

appreciation of evidence, hence to avoid repetition of

facts these two points are taken together for common

consideration.


14. The case of the petitioners is that, the marriage

between the petitioner no.1 and the respondent no.1

was solemnized on 08.03.2009 and the petitioner No.1

belongs to reputed family and petitioner no.1 father

was Retired Professor working in a reputed College in

Madurai, Tamil Nadu. After the marriage the petitioner

no.1 gave birth to petitioner no.2, then after the

respondents were quarreled with the petitioner no.1

and her family members for the purpose of demanding

of the dowry amount. Thereafter several times of

negotiation held between the petitioners and the

respondents before the elders and due to the result of

negotiation, the petitioner no.1 is living with the

respondent no.1, after that also the respondent no.1
                               15
                                              C.Misc. 75/2016.


due   to   instigation   of   other   respondents   brutally

assaulted and harassed the petitioner nos.1 & 2 and

the petitioner no.1 lodged the complaint against the

respondents on several times. After negotiation, again

the respondent no.1 bring the petitioner no.1 to the

home in which he is residing, then after the parents of

the 1st petitioner decided to establish the family life to

their daughter, for that reason they purchased the

house property in the name of petitioner no.1 and

respondent no.1 jointly for a sum of Rs.26,64,000/-.

After that, the respondent no.1 along with other

respondents was forcefully thrown out the petitioner

no.1 from her own house and all her belongings and

necessary documents was kept inside the house. Even

after arrangement of the own house by the parents of

the 1st petitioner, the respondent no.1 was committed

physical and mental violence to the petitioner no.1

under one roof without giving any food, nourishment to

the petitioners and demanding the money and gold

jewels from the petitioner no.1 and her parents. The
                                 16
                                                     C.Misc. 75/2016.


petitioner no.1 lodged the complaint against the

respondents and filed a case u/sec. 498-A of IPC and 3

& 4 of Dowry Prohibition Act and subsequently the

respondent    no.1      as   per     the   influence    of    other

respondents thrown out the petitioners from the said

house. Now the petitioners are residing with the

father's house situated at Madurai. The respondent

no.1 neglected to take care of the petitioner no.1 and

her   daughter.    The       respondent       no.1   working      at

Software Engineer in MLC Company and he was

earning more than Rs.5 lakhs from his job, but he is

neglected    to   maintain      the    Petitioners     and      also

Petitioners were unable to maintain themselves and till

today the Petitioners are depending on their old aged

parents and the said parents are facing their own

problem.


15. On the other hand, after service of notice, the

respondents were appeared before court by filing

vakalath through their counsel and filed detailed

objections   to   the    main      petition    and     denied    all
                             17
                                            C.Misc. 75/2016.


allegations made by the petitioner in her petition.


16.   To prove the contention of the petition, the

petitioner no.1 herself filed an chief examination

affidavit and examined as PW-1 and examined one

witness as PW.2 who is none other than the father of

the petitioner no.1 and produced the documents which

are got marked as Ex P-1 to Ex.P-12. In that Ex.P-1 is

marriage invitation, Ex.P.2 is the information letter

given by the SRO Varthur, Ex.P.3 is the receipt dated:

06.01.2017, Ex.P.4 is certified copy of sale deed dated:

15.05.2013, Ex.P.5 is memorandum of deposit dated:

20.03.2015, Ex.P.6 is Encumbrance certificate, Ex.P.7

is jewels purchase receipts, Ex.P.8 is school fee

receipts, Ex.P.9 is medical bills and prescriptions,

Ex.P.10 is X-ray report, Ex.P.11 is Mail conversation

details and Ex.P.12 is the certificate u/sec. 65 (B) of

Evidence Act.


17. In order to prove her marriage with the respondent

no.1, the petitioner    no.1 produced the marriage

invitation card which reveals that the marriage of the
                             18
                                            C.Misc. 75/2016.


petitioner no.1 with respondent no.1 was solemnized

on 08.03.2009. The     marriage between the petitioner

no.1 and respondent no.1 and birth of petitioner no.2

are not disputed by the parties. After the marriage, the

petitioner no.1 and the respondent No-1 were living

together in the matrimonial home. It is the contention

of the petitioner no.1 that subsequent to the marriage,

the respondent no.1 demanding the petitioner no.1 to

bring the dowry from her parents, in that regard the

respondent no.1 also harassing the petitioner no.1 and

neglected the petitioner no.1.


18. As per the provisions of Sec.18 of DV Act, the

Magistrate may, after giving an opportunity of being

heard and on the petitioner and the respondent side,

being prima-facie satisfied that domestic violence has

taken place or is likely to take place, pass a protection

order in favour of the petitioner and prohibit the

respondent from committing such domestic violence.


19. In this case in order to prove the harassment done

by the respondent no.1, the petitioner no.1 after her
                             19
                                             C.Misc. 75/2016.


examination got furnished the documents and marked

Ex P-1 to Ex P.12. In that Ex P-7 which is the receipts

with regard to purchasing of the gold and Exs.P.8 to

Ex.P.10 are the medical bills as well as X-ray reports of

petitioner no.1. In that there is no mention about for

which reason she undergone for the treatment and get

the medical bills. Apart from that, the petitioner no.1

not even produced any documents to show about the

harassment made by the respondent no.1 to the

petitioner no.1, of course in the petition, the petitioner

no.1 stated that she lodged the complaint against the

respondents with regard to the harassment made by

them and the same was ended with the compromise

between the parties. But to prove the the harassment

and domestic violence act of the respondent, the

petitioner no.1 not at all produced any iota of

documents regarding the complaints made by her

against the respondent no.1.


More over, in the cross examination, the PW.1 deposed
that
                                   20
                                                      C.Misc. 75/2016.


        "ದಿನಾಂಕ 4.7.2015 ರವರೆಗೆ ನಾವು ಒಟ್ಟಿಗೆ ವಾಸ
        ಮಾಡುತ್ತಿದ್ದು ಅಲ್ಲಿಂದ ಈಚೆಗೆ ಎದುರುದಾರರು ಮತ್ತು
        ನಾನು ದೂರವಾಣಿ ಮೂಲಕ ಮಾತನಾಡಿರುವುದಿಲ್ಲ.

          ದಿನಾಂಕ 4.7.2015 ರವರೆಗೆ ಎದುರುದಾರರು ಮನೆ
        ಖರ್ಚು ವೆಚ್ಚಗಳನ್ನು ನಿಬಾಯಿಸುತ್ತಿದ್ದರು ಎಂದರೆ ಸಾಕ್ಷಿಯು
        ಅರ್ಧ ಮೊತ್ತವನ್ನು ಮಾತ್ರ ಎದುರುದಾರರು ಭರಿಸುತ್ತಿದ್ದು
        ಉಳಿದ ಅರ್ಧ ಮೊತ್ತವನ್ನು ತನ್ನ ತಂದೆ ನೀಡುತ್ತಿದ್ದರು
        ಎಂದು ನುಡಿದಿರುತ್ತಾರೆ.

        ಮದುವೆಯ ನಂತರ ಎದುರುದಾರರು ನನ್ನನ್ನು ಊಟಿ,
        ಕೊಡೈಕೇನಾಲ್‍, ಕೇರಳ, ಗುರುವಾಯುರು ಮತ್ತು ಕೂರ್ಗ
        ಪ್ರವಾಸದ ಸ್ಧಳಗಳಿಗೆ ನನ್ನನ್ನು ಪ್ರವಾಸಕ್ಕೆ ಕರೆದುಕೊಂಡು
        ಹೋಗಿದ್ದರು ಎಂದರೆ ಸರಿ.

        "ನಾನು    ನನ್ನ     ಮುಖ್ಯ   ಅರ್ಜಿಯಲ್ಲಿ   ನಾನು   ಮತ್ತು
        ಎದುರುದಾರರು ಪದೇ ಪದೇ ಜಗಳವಾಡುತ್ತಿದ್ದ ಬಗ್ಗೆ
        ಹೇಳಿರುವುದಿಲ್ಲ."

As per the say of the petitioner after their marriage the

respondent taking care of the petitioner and house hold

expenses, there is no domestic act of violence by the

respondent No-1. As such the petitioner failed to prove

her version as stated in the petition.


20. In support of the case, the petitioner no.1 examined

one witness as PW.2 on her behalf who is none other

than father of the petitioner no.1. During the course of
                             21
                                             C.Misc. 75/2016.


cross examination of PW.2 who is father of the

petitioner no.1 and father-in-law of respondent no.1

stated that


         "on 6.7.2015 to January 2019 again
       from September 2022 till date the
       petitioner no.1 is residing with us.
       She is traveling from Madurai to
       Bengaluru to visit her child who is
       residing with his another daughter's
       house".
As deposed by the PW.2, the petitioner no.1 is residing

with her parents house and the petitioner no.2 is

residing with petitioner no.1's sister's house.


      '' In further PW.2 deposed that an
      amount of Rs.26,64,000/- was given by
      him to the respondent no.1 to purchase
      the White field flat, but he is not aware
      of when the flat agreement, sale deed
      was done and with regard to said
      amount, the PW.2 has not declared same
      in his income tax assessment''.
If at all there is a harassment by the respondent no.1

and if the father of the petitioner no.1 is lending the

amount in favour of the respondent no.1 to purchase

the flat as per Ex.P.4 definitely there shall be a

document by the petitioner's side to prove the same.
                                     22
                                                              C.Misc. 75/2016.


Moreover, the recitals of the Ex.P.4 also not reveals

anything about the payments made by the father of the

petitioner no.1 to purchase the flat as per Ex.P.4. The

RW.1 in his cross examination deposed that;


       "ನಿಪಿ 4 ರ ಪ್ಲಾಟನ್ನು ನಾನು ಮತ್ತು ನನ್ನ ಹೆಂಡತಿಯಾದ
       ಅರ್ಜಿದಾರಳ ಹೆಸರಿನಲ್ಲಿ ಜಂಟಿಯಾಗಿ ಅರ್ಜಿದಾರಳ
       ಕೋರಿಕೆಯ ಮೇರೆಗೆ ಖರೀದಿ ಮಾಡಿರುತ್ತೇನೆ. ಅದಕ್ಕೆ
       ನಾನೇ ಹಣ ಪಾವತಿಸಿದ ಬಗ್ಗೆ ನಮೂದು ಇರುತ್ತದೆ."

More over, during the course of cross-examination of

RW.1, it is suggested to the respondent no.1 that ;


          ದಿನಾಂಕ         01.01.2011         ರಲ್ಲಿ      ಅರ್ಜಿದಾರರು
        ನನ್ನೊಂದಿಗೆ ವಾಸವಿದ್ದರು ಎಂದರೆ ಸರಿ. ಆ ಸಮಯದಲ್ಲಿ
        ನಾನು ಮತ್ತು ಅರ್ಜಿದಾರಳು ಬಿಇಎಂಎಲ್‍ ಲೇಔಟ್‍,
        ರಾಜರಾಜೇಶ್ವರಿ ನಗರದಲ್ಲಿ ವಾಸವಿದ್ದೆವು ಎಂದರೆ ಸರಿ.

          ಅರ್ಜಿದಾರಳನ್ನು ರಾಜರಾಜೇಶ್ವರಿ ನಗರದಲ್ಲಿರುವ ಮನೆ
        ಬಿಟ್ಟು ಕಳುಹಿಸಿರುತ್ತೇನೆ ಎಂದರೆ ಸಾಕ್ಷಿಯು ನಾವು ಸಿವಿ
        ರಾಮನ್‍ ನಗರದಲ್ಲಿರುವ ಮಲ್ಲೇಶ್ ಪಾಳ್ಯದಲ್ಲಿ ಮನೆ
        ಮಾಡುವ             ಸಲುವಾಗಿ        ರಾಜರಾಜೇಶ್ವರಿ         ನಗರದ
        ಮನೆಯನ್ನು ಬಿಟ್ಟಿರುತ್ತೇವೆ.

        ದಿನಾಂಕ 5.8.2015 ರಂದು ನನ್ನ ಮಗಳ ಜನ್ಮ
        ದಿನವಿದ್ದು ನಾನು ನನ್ನ ತಂದೆ-ತಾಯಿಯನ್ನು ನನ್ನ ಮಗಳ
        ಹುಟ್ಟುಹಬ್ಬಕ್ಕೆ    ಕರೆಯುತ್ತೇನೆ      ಎಂಬ            ಕಾರಣದಿಂದ
        ಅರ್ಜಿದಾರಳೇ        ವಿನಾ   ಕಾರಣ               ನನ್ನ    ಮಗಳನ್ನು
        ಕರೆದುಕೊಂಡು ಹೋಗಿರುತ್ತಾರೆ.
                                  23
                                                     C.Misc. 75/2016.


            ಮದುವೆಯಾದ       ದಿನದಿಂದ      ಇಂದಿನವರೆಗೂ      ನನ್ನ
          ಹೆಂಡತಿಯನ್ನು         ಬೈದಿರುವುದಿಲ್ಲ          ಮತ್ತು
          ಹೊಡೆದಿರುವುದಿಲ್ಲ. ನನ್ನ ಮತ್ತು ನನ್ನ ಹೆಂಡತಿಯ ನಡುವೆ
          ಮದುವೆಯಾದಾಗದಿಂದಲೂ               ದೈಹಿಕವಾಗಿಯಾಗಲೀ
          ಅಥವಾ ಮಾನಸಿಕವಾಗಲೀ ಬೈದಾಟ ನಡೆದಿರುವುದಿಲ್ಲ.

      The said suggestions made to the RW.1 clearly

reveals that the respondent no.1 is looking the

petitioner no.1 in the good way, but the petitioner no.1

herself left the matrimonial home without any reasons.

As per the Ex.R.32 the photographs which clearly

discloses that the petitioners and the respondent No-1

were leading their life happily and as per Ex.R-8 to

Ex.R.11    which     are   the        bank    statements       which

discloses that the respondent no.1 was extending

financial support to the petitioner no.1.


21. More over, PW.1 during her cross examination

stated that she had not detailed has to exactly which

material obligations her husband failed to fulfill, she

has not specified that exact details in her petition. The

purpose of the Act is to give remedy to the aggrieved

persons    against      domestic      violence.   The     domestic
                           24
                                          C.Misc. 75/2016.


violence can take place only when one is living in

shared household with the respondents.    One has to

make distinction between violence committed on a

person living separate in a separate household and the

violence committed on a person living in the shared

household. Only violence committed by a person while

living in the shared household can constitute domestic

violence.

Domestic Violence is a violence which is committed

when parties are in domestic relationship, sharing

same household and sharing all the household goods

with an opportunity to commit violence. But in this

case, as admitted by the parties till 2011, the

petitioners and respondent no.1 are living together in

the matrimonial home itself and during that period as

suggested to the RW.1 there is no domestic act or

harassment made by the respondent no.1 to the

petitioner no.1. In the cross examination of Pw-1

deposed that ,

            ನಾನು ಎದುರುದಾರರ ಜೊತೆ ಸುಮಾರು 3
                                   25
                                                        C.Misc. 75/2016.


            ವರ್ಷಗಳ         ಕಾಲ    ಒಟ್ಟು      ಕುಟುಂಬದಲ್ಲಿ
            ಬೆಂಗಳೂರಿನಲ್ಲಿ ವಾಸವಿದ್ದೆ. ನಮ್ಮ ಮದುವೆಯಾದ
            ನಂತರ ಮೊದಲ ಬಾರಿಗೆ ಎದುರುದಾರರ ಸ್ವಂತ
            ಊರಾದ ಪರಮಗುಡಿಯಲ್ಲಿ ಒಂದು ತಿಂಗಳ ಕಾಲ
            ವಾಸವಿದ್ದೆನು. ಆನಂತರ         ಬೆಂಗಳೂರಿಗೆ ಬಂದು
            ವಾಸವಿದ್ದೆನು.

     The version of the PW.1 itself is very clear that after

her marriage with the respondent no.1, only one month

of period she is living in the respondent's native place

at    Paramagudi.      After     that     they   were    shifted     to

Bengaluru and they are residing separately. Even

though, the petitioner no.1 stated that there is a

domestic violence caused by all the respondents to the

petitioner no.1 who are not at all residing with the

respondent no.1 and petitioner no.1 in the Bengaluru

of their shared house. But, the petitioner no.1 stated

that there is a harassment and cruelty in the hands of

the respondents to the petitioner no.1.

22. After their marriage, they are residing in the

Bengaluru separately that too far away from their

families. Such being the actuality the question of

domestic violence caused by respondent nos.2 to 5 who
                              26
                                               C.Misc. 75/2016.


are residing separately far away from the petitioner

no.1 as well as respondent no.1 will not arise at all.

23. On this point, this Court has carefully gone

through the petition        and the documents, in the

considered opinion of this Court, that in the present

case, after their     marriage,        only one month the

petitioner no.1 residing with the matrimonial home

along with respondents No 1 to 5, after that she gone

with her husband I,e the respondent no-1 and lives in

the share household to establish their own households

at Bengaluru, and as a result domestic relationship

comes to an end, therefore there is no shared

household    by     the   petitioner    no.1   as   well    as

respondents nos.2 to 5.

24. More over, the petitioner no.1 herself stated that

she is ready to live with the respondent no.1 and

withdraw all allegations made against respondent no.1

if the court gives her protection. The said version of the

petitioner no.1 clearly shows that during the period of

staying in the matrimonial home, the petitioner no.1
                                 27
                                                 C.Misc. 75/2016.


and respondent no.1 were leading their life in the

shared house. If at all there is domestic violence act

caused by the respondent no.1 then why the petitioner

no.1 intends to join with the respondent no.1. The

PW.1 herself admitted in her cross examination that;


        "ಎದುರುದಾರರು ಈಗಲೂ ನನ್ನನ್ನು ಕರೆದುಕೊಂಡು ಹೋಗಿ
        ಜೀವನ ಮಾಡಲು ತಯಾರಿದ್ದು ಆತನ ಜೊತೆ ನೀವು
        ಹೋಗಲು ಸಿದ್ದರಿದ್ದೀರಾ ಎಂಬ ಪ್ರಶ್ನೆಗೆ ಸಾಕ್ಷಿಯು ನನಗೆ
        ನ್ಯಾಯಾಲಯದಿಂದ ರಕ್ಷಣೆ ಸಿಕ್ಕರೆ ನಾನು ಹೋಗಿ ಜೀವನ
        ಮಾಡಲು ಸಿದ್ದಳಿದ್ದೇನೆ.

         ಒಂದು ವೇಳೆ ಎದುರುದಾರರ ಜೊತೆ ಜೀವನ ಮಾಡಲು
        ಪ್ರಾರಂಭಿಸಿದರೆ ಆತನ ಮೇಲೆ ಮಾಡಿರುವ ಆಪಾದನೆಗಳನ್ನು
        ಹಿಂಪಡಿಯುತ್ತೀರಾ ಎಂಬ ಪ್ರಶ್ನೆಗೆ ಸಾಕ್ಷಿಯು ಸ್ವಲ್ಪ ದಿನ
        ಚೆನ್ನಾಗಿ ನೋಡಿಕೊಂಡರೆ ನಾನು ಹಿಂಪಡೆ ಯುತ್ತೇನೆ ಎಂದು
        ನುಡಿಯುತ್ತಾರೆ."

After left out the matrimonial home, the petitioner no.1

residing with her parents house at Madurai and the

petitioner no.2 is residing with the sister's house of the

petitioner no.1 in Bengaluru.


25.   No doubt, as per Sec.3 of DV Act, if at all the

respondent commits any domestic violence as above

pleaded then it has to be            fully established by the
                              28
                                             C.Misc. 75/2016.


petitioner then definitely the petitioner will be entitled

for an order of protection under Sec.18 and mandatory

reliefs as contemplated under Sec.20 of the Act. But, in

this case, the petitioner has failed to prove the

allegations made against the respondents with cogent

and material evidence.

26.   On going through the oral and documentary

evidence of petitioner no.1, it is clear that due to the

dispute in marital relationship between respondent

no.1, the petitioners are now residing separately far

away from the respondent no.1. But on perusal of the

oral submissions made by the petitioner no.1, the

respondent no.1 has caused domestic violence against

the petitioner no.1 and her child. But, to prove the

same the petitioner no.1 not placed any material

documents in support of her contention. As such she

fails to prove her contention taken in her petition.


27. Apart from this, to prove the defence taken by the

respondent    no.1,   the   respondent   no.1   examined

himself as RW.1 and got marked documents as Exs.R.1
                            29
                                            C.Misc. 75/2016.


to R.34. Ex.R.1 is school receipt, Ex.R.2 is certified

copy of order sheet in Crl.P.no.6842/2016, Ex.R.3 is

certified copy of FIR, Ex.R.4 is certified copy of

complaint, Ex.R.5 is certified copy of statement of

RW.1, Ex.R.6 is postal receipts, Ex.R.7 is Certificate

u/sec. 65 (b) of Ecidence Act, Ex.R.8 is SBI Bank

statement of respondent no.1, Ex.R.9 is LIC housing

finance statement of respondent no.1, Ex.R.10 is Letter

dtd: 10.03.2015, Ex.R.11 is Joint SBI Bank statement

of respondent no.1 and petitioner no.1, Ex.R.12 is reply

dated: 27.11.2019, Ex.R.13 is Copies of petition in

HMOP no.135/2019, Ex.R.14 is HDFC bank statement,

Ex.R.15 is ICICI Prudential policy paid receipts,

Ex.R.16 is certified copy of Offer cum acceptance letter

dated: 13.05.2014, Ex.R.17 is certified copy of letter of

confirmation and increment letter dated: 31.03.2015,

Ex.R.18 is Certified copy of medical prescription of

petitioner no.2, Ex.R.19 is Certified copy of complaint

dated: 23.9.2013, Ex.R.20 is certified copy of complaint

dated:14.11.2015, Ex.R.21 is certified copy of order
                            30
                                            C.Misc. 75/2016.


sheet    in    TP    no.    420/2022,      Ex.R.22       is

Acknowledgments dtd: 19.9.2015, Ex.R.23 is Copy of

petitioner's statement, Ex.R.24 is Copy of complaint

dated: 06.07.2013, Ex.R.25 is Certified copy of bank

statement of petitioner, Ex.R.26 is certified copy of

Judgment in CC no. 2083/2017, Ex.R.27 is Medical

documents of parents of respondent no.1, Ex.R.28 is

Certificate u/sec. 65 (b) of Evidence Act, Ex.R.29 is Lap

top bill, Ex.R.30 is auction on line copy, Ex.R.31 is

bank notice dated: 2.11.2019, Ex.R.32 are photos,

Ex.R.33 is CD and Ex.R.34 is Certified copy of order in

HMOP no. 135/2019 and its translated copy.


28. As per the version of the respondent no.1,

relationship between the petitioner no.1 and the

respondent no.1 and birth of female child out of their

wedlock is admitted. It is also admitted by both the

sides that after their marriage, they are living with the

shared house at the matrimonial home along with their

child. To prove that the respondent no.1 produced the

documents i.e., Ex.R.32 photos and Ex.R.23 Account
                             31
                                             C.Misc. 75/2016.


statement which clearly reveals that the petitioner no.1

and her daughter are living with the respondent no.1 in

the matrimonial home.

29. The main contention of the petitioner no.1 is that

the respondent no.1 has harassed the petitioner no.1

mentally, physically and emotionally by neglecting her.

But to prove the same, she is not produced any

materials to show that there is a domestic violence

caused by the respondent no.1 to the petitioner no.1 at

their shared house/matrimonial home. Considering the

above reasons, the point nos.1 & 2 are answered in the

Negative.


30. Point No.3: It is an undisputed fact that as on the
date of filing of the petition, the petitioner no.1 is the
legal wedded wife of respondent no.1. After their
marriage, one female child was born, then after they
are living separately. It is the allegations made by the
petitioner that the respondent no.1 was neglected the
petitioner no.1 and petitioner no.2 and thrown out
them from the matrimonial home without providing
basic amenities to the petitioners. The respondent no.1
is working at Software Engineer in MLC Company and
                               32
                                                C.Misc. 75/2016.


he is earning more than Rs.5 lakhs from his job, but he
was neglected to maintain the Petitioners and               the
Petitioners were unable to maintain themselves and till
today the Petitioners are depending on their old aged
parents and the said parents are facing their own
problem.

31. Now coming to crucial aspect about the income of
respondent no.1. On perusal of the pleadings as well as
affidavit of assets and liabilities of the petitioner no.1, it
is stated that the petitioner no.1 is a BE graduate,
in-turn the respondent no.1 is also BE graduate and
working    in   IT   company       and   earning   salary    of
Rs.1,50,000/- per month. It is the specific contention
of the respondent no.1 that the petitioner no.1 is a
Computer Engineer Graduate with BE degree and have
worked as main teacher in Chrysalis High School,
White Field, Bengaluru and she was earning gross
salary of Rs.20,000/- per month and Rs.2,60,000/-
along   with    perks.     Being     a   computer     Science
Engineering graduate and having software skill set, she
is capable of earning more than double salary of what
                                33
                                                    C.Misc. 75/2016.



she earned. In the assets and liabilities filed by the

respondent no.1 the respondent no.1 also narrated

that he is working as a Staff Engineer and earning

Rs.2,05,000/- per month and the petitioner No-1 is

working as a Teacher and earning Rs.25,000/- per

month. In support of it, during the course of cross

examination, the petitioner no.1 admits that ;


         ನಾನು ಬಿಇ ಕಂಪ್ಯೂಟರ್ ನಲ್ಲಿ ಪದವಿ ಪಡೆದಿದ್ದೇನೆ.
         ನಾನು ಪದವೀಧರೆ ಯಾಗಿದ್ದು ನನಗೆ ಕೆಲಸ ಸಿಗುತ್ತದೆ
         ಎಂದರೆ ಸರಿ. ನಾನು ಮಧುರೈಯ ನನ್ನ ತಂದೆಯ
         ಮನೆಯಲ್ಲಿ ವಾಸವಿರುತ್ತೇನೆ.

          ನನ್ನ ತಂದೆಯವರಿಗೆ ಮಧುರೈ ಮತ್ತು ಮಧುರೈಯ
         ಅಕ್ಕಪಕ್ಕ ಆಸ್ತಿಗಳಿವೆ ಮತ್ತು 3-4 ಪ್ಲಾಟ್‍ಗಳನ್ನು
         ಖರೀದಿಸಿದ್ದಾರೆ ಎಂದರೆ ಸಾಕ್ಷಿ 3 ಅಂತಸ್ತಿನ ಪ್ಲಾಟನ್ನು
         ಖರೀದಿಸಿರುತ್ತಾರೆ.

As deposed by the PW.1 herself she is a BE graduate

and before and after her marriage she was working and

earning, but she is not stated in her assets and

liabilities about her work, but as she admitted in her

cross examination that she was working. As deposed by

the PW.1, presently she is residing with her parents
                                   34
                                                          C.Misc. 75/2016.


house and parents of the petitioner no.1 are well

versed.   The   petitioner    no.2           who   is   daughter       of

petitioner no.1 and respondent no.1 is residing with

the sister's house of petitioner no.1.


32.   After   separation     of    the       petitioner     no.1    and

respondent no.1, the petitioner no.2 under the care

and custody of the petitioner no.1, but with regard to

educational     expenses     of        her    daughter      who     was

perusing her study within this passage of time, the

respondent no.1 tried to look after the well fare of his

child by sending money orders to the petitioner no.1.

The same is admitted by the PW.1 in her cross

examination.


          ಎದುರುದಾರರಿಂದ ಒಂದು ಬಾರಿ ಸೆಪ್ಟೆಂಬರ್ 2015
          ರಂದು ಮನಿಆರ್ಡರ್ ಹಣವನ್ನು ಪಡೆದಿರುತ್ತೆೇನೆ.

          ಮಧುರೈನಲ್ಲಿ ಇದ್ದಾಗಲೂ ಸಹ ಒಂದು ಬಾರಿ
          ಎದುರುದಾರರು ಕಳುಹಿಸಿದ್ದ ಒಂದು ಮನಿಆರ್ಡರ್
          ನ್ನು ಪಡೆದಿರುತ್ತೇನೆ.

The said version of the PW-1 shows that even the

respondent No-1 sending the money orders to the
                               35
                                                 C.Misc. 75/2016.


petitioner No-1 to look after the petitioner No-2 the

petitioner No-1 refusing to receive the same. On

reading of Section 20 and 21 of the 'Act' it is clear that

not only aggrieved person, but any child or children

may be granted relief. As such the relief can be granted

to the child for its benefit. The court has to keep in

mind the interest and the welfare of the child.

Therefore, orders as regard to the maintenance or the

welfare of the 'children' can be passed by taking

consideration of the status of the parties.


33. As admitted         by the both the parties, the

respondent no.1 who being the father of the petitioner

no.2 and husband of the petitioner no.1 he was ready

and willing to bear expenditure of the child. In the

cross examination of RW.1 he clearly admits that;


            "ಸದರಿ ಪ್ರಕರಣವನ್ನು ದಾಖಲಿಸಿರುವುದಕ್ಕಿಂತ
       ಮುಂಚಿತವಾಗಿ ಮತ್ತು ತದನಂತರವು ಸಹ ನನ್ನ ಮಗಳ
       ವಿದ್ಯಾಭ್ಯಾಸದ       ಖರ್ಚು     ವೆಚ್ಚಗಳನ್ನು ನಾನೇ
       ಭರಿಸುತ್ತಿದ್ದೇನೆ. ಸದರಿ ಪ್ರಕರಣವನ್ನು ದಾಖಲಿಸಿದ
       ನಂತರ ನ್ಯಾಯಾಲಯದ ಆದೇಶದ ಮೇರೆಗೆ ನನ್ನ ಮಗಳ
       ವಿದ್ಯಾಭ್ಯಾಸದ ಖರ್ಚನ್ನು ನೀಡುತ್ತಿದ್ದೇನೆ."
                             36
                                            C.Misc. 75/2016.


More over, during the passage of time, the respondent

no.1 was paid the maintenance amount to the

petitioners as awarded by this court and also he is

ready to extend expenses of the child. As such, the

respondent no.1 show his bonafide by providing some

assistance to the child so that the child was brought up

which the child requires.

34. Since the petitioner no.1 sought for relief of

maintenance u/sec.20 of PWDV Act. Hence, it is

necessary to take a shelter of provision u/sec. 20 of the

Act.


Section 20 has been enacted for the purpose of

providing a monetary assistance to such spouse who is

incapable of supporting himself or herself inspite of

sincere efforts made by him or herself.

A spouse who is well qualified to get the service

immediately with less efforts is not expected to remain

idle to squeeze out, to milk out the other spouse by

relieving him of his or her own purse by a cut in the

nature of pendent lite alimony. The law does not expect
                                   37
                                                       C.Misc. 75/2016.


the increasing number of such idle persons who by

remaining in the arena of legal battles, try to squeeze

out the adversary by implementing the provisions of

law suitable to their purpose.

In the present case the petitioner no.1 is BE Graduate

and   she     is   a     well   qualified    woman      possessing

qualification like BE Computer Science Engineering.

After her marriage, she was serving as Teacher in

Chrysalis High School, White Field, Bengaluru.                       It

impliedly means that she was possessing sufficient

experience. Then how such a lady can remain without

service? It really put a big question which is to be

answered by petitioner no.1 with sufficient cogent and

believable evidence by proving, but petitioner No-1

failed to prove the same.           When the petitioner No-1

fighting    for    the    matrimonial       dispute,    cannot     be

permitted to sit idle and to put her burden on the

husband for demanding pendente lite alimony from

him during pendency of such matrimonial petition.

Section 20 is not meant for creating an army of such
                               38
                                                 C.Misc. 75/2016.


idle persons who would be sitting idle waiting for a

'dole' to be awarded by her husband who has got a

grievance against her and who has gone to the Court

for seeking a relief against her. The case may be vice

versa also. If a husband well qualified, sufficient

enough to earn, sit idle and puts his burden on the

wife and waits for a 'dole' to be awarded by remaining

entangled in litigation. That is also not permissible. The

law does not help indolent as well idles so also does not

want an army of self made lazy idles. Everyone has to

earn for the purpose of maintenance of himself or

herself, at least, has to make sincere efforts in that

direction. If this criteria is not applied, if this attitude is

not   adopted,    there   would    be   atendency     growing

amongst such litigants to prolong such litigation and to

milk out the adversary who happens to be a spouse,

Section 20. It is indirectly against healthiness of the

society. It has enacted for needy persons who in spite

of sincere efforts and sufficient effort are unable to

support and maintain themselves and are required to
                            39
                                            C.Misc. 75/2016.


fight out the litigation jeopardizing their hard earned

income by toiling working hours.

In the present case, the petitioner nos.1 and 2 had

been awarded an amount of Rs.8,000/- per month as

pendent lite alimony. The petitioner no.1 is well

qualified woman once upon time she is serving as

Teacher in a reputed school, obviously, she having a

acquainted service as a Teacher, then how come she sit

in the home that too without made any efforts to get a

job as per her qualifications. This smells of oblique

intention of putting extra financial burden on the

husband, such attempts are to be discouraged. The

petitioner no.1 who being BE graduate having degree in

the Computer Engineering she may get the job and she

may earn. But, the petitioner no.2 who being the minor

who is under the care of the petitioner no.1 needs

maintenance from the hands of respondent no.1.

Admittedly, the respondent no.1 is having monthly

income of Rs.1,50,000/- per month in the year 2016.

While on the time of filing of assets and liabilities the
                             40
                                            C.Misc. 75/2016.


salary of the respondent no.1 is Rs.2,05,000/- per

month. Now it is enhanced upto Rs.5,00,000/-            as

such it is an admitted fact that both the petitioner no.1

and respondent no.1 are the BE graduates, it is their

bounden duty to get the job and earn and to maintain

the petitioner no.2 as per their status.

35. Thus taking into consideration of sources of income

of the respondent no.1, it is not justified for the

petitioner to seek monthly maintenance of Rs.40,000/-

per month to the petitioners. On going through entire

materials on record, the petitioner no.1 has failed to

established her case i.e., the respondent no.1 has

willfully neglected the petitioner and child to maintain

them and also caused Domestic Violence against the

petitioners.

36. The petitioner in her petition claimed several

reliefs. Further, so, in the presence of sufficient

materials the petitioner no.2 who being the minor child

of the petitioner no.1 and respondent no.1 is entitled

for the relief of Rs.5,000/- monthly maintenance till
                                  41
                                                   C.Misc. 75/2016.


she attain the age of majority. Hence, this court answer

the point no.3 are partly in the affirmative.

37. Point No.4: In view of the findings on the above

point nos.1 to 3 and the reasons stated therein, this

court proceed to pass the following: -


                            ORDER

The petition filed by the petitioners U/sec. 12 of the Protection of Women from Domestic Violence Act, 2005 is hereby partly allowed.

The respondent no.1 is hereby directed to pay the monthly maintenance amount of Rs.5,000/- per month to the petitioner no.2 namely Kum. V.Supritha from the date of this order till she attains age of majority.


          Further,        the    respondent       no.1
        directed           to           pay        the

educational/academic expenses of the petitioner no.2 namely Kum. V.Supritha as prayed in the petition upon producing the receipts by the petitioner's side to that effect till 42 C.Misc. 75/2016.

completion of the education of the petitioner no.2.

The case against the respondents nos.2 to 5 is hereby dismissed.

With regard to other reliefs sought by the petitioners u/sec. 18, 19 and 22 of PWDV Act is hereby dismissed.

Office is directed to issue free copy of the Judgement to the petitioners.

(Dictated to the stenographer directly on computer, corrected and then pronounced by me in the open court on this the 31 st day of January 2026).

(Smt. Manju. S) JMFC (TC-III), Bengaluru.

ANNEXURE List of witnesses examined for Petitioner:-

PW-1                K. Sukanya
PW-2                Kamatchi. M

List of documents marked for Petitioner:

Ex.P.1 Marriage invitation Ex.P.2 Information letter given by the SRO Varthur Ex.P.3 Receipt dtd: 6.01.2017 Ex.P. 4 Certified copy of sale deed dtd: 15.5.2013 43 C.Misc. 75/2016.
Ex.P.5 Memorandum of deposit dtd: 20.03.2015 Ex.P.6 Encumbrance certificate Ex.P.7 Jewels purchase receipts Ex.P.8 School fee receipts Ex.P.9 Medical bills and prescriptions Ex.P.10 X-ray report Ex.P.11 Mail Conversation details Ex.P.12 Certificate u/sec. 65 (b) of Evidence Act List of witnesses examined for Respondent:-
RW.1 Varatharajan List of documents marked for Respondent:
Ex.R.1          School receipt
Ex.R.2          Certified copy of order sheet in
                Crl.P.No.6842/2016
Ex.R.3          Certified copy of FIR
Ex.R.4          Certified copy of complaint
Ex.R.5          Certified copy of statement of RW.1
Ex.R.6          Postal receipts
Ex.R.7          Certificate u/sec. 65 (b) of Evidence Act
Ex.R.8          SBI Bank statement of respondent no.1
Ex.R.9          LIC housing finance statement of respondent
                no.1
Ex.R.10         Letter dtd: 10.03.2015
Ex.R.11         Joint SBI Bank statement of respondent no.1
                and petitioner no.1
                      44
                                      C.Misc. 75/2016.


Ex.R.12 Reply dtd: 27.11.2019 Ex.R.13 Copies of petition in HMOP no.135/2019. Ex.R.14 HDFC bank statement Ex.R.15 ICICI Prudential policy paid receipts Ex.R.16 Certified copy of Offer cum acceptance letter dtd: 13.05.2014 Certified copy of letter of confirmation and Ex.R.17 increment letter dtd: 31.03.2015 Ex.R.18 Certified copy of medical prescription of petitioner no.2 Ex.R.19 Certified copy of complaint dtd: 23.9.2013 Ex.R.20 Certified copy of complaint dtd: 14.11.2015 Ex.R.21 Certified copy of order sheet in TP no.
420/2022 Ex.R.22 Acknowledgments dtd: 19.9.2015 Ex.R.23 Copy of petitioner's statement Ex.R.24 Copy of complaint dated: 06.07.2013 Ex.R.25 Certified copy of bank statement of petitioner's father Ex.R.26 Certified copy of Judgment in CC no.
2083/2017 Ex.R.27 Medical documents of parents of respondent no.1 Ex.R.28 Certificate u/sec. 65 (b) of Evidence Act Ex.R.29 Lap top bill Ex.R.30 Auction on line copy Ex.R.31 Bank notice dated: 02.11.2019 Ex.R.32 Photos Ex.R.33 CD Ex.R.34 45 C.Misc. 75/2016.
Certified copy of order in HMOP no. 135/2019 and its translated copy (Smt. Manju. S) JMFC (TC-III), Bengaluru.