Bangalore District Court
Smt.G.B.Sanjana @ Divya vs Sri.Madhugiri.J S/O Jayappa on 10 November, 2016
IN THE COURT OF METROPOLITAN MAGISTRATE
TRAFFIC COURT-VI, BENGALURU CITY.
Crl.Mis.No.208/2012
Dated : This the 10th day of November, 2016.
Present : Sri. ARAVINDRA B.C. B.A., LL.B.,
Presiding Officer of M.M.T.C-VI.
PetitionerSp Smt.G.B.Sanjana @ Divya,
W/o Madhugiri, C/o Vijaya Kumar M.R,
Aged about 28 years,
R/at # 23, Muneswaranagar,
2nd floor, 4th Cross, 1st Main, Ullala,
Bengaluru-60.
V/s
Respondents Sri.Madhugiri.J S/o Jayappa
Aged about 31 years,
R/at # 409, Opp: Kamala Medical,
Mahadevnagara, T.Dasarahalli,
Bengaluru-73.
Also R/at Hagluganapathi Road,
Holelkere Town, Chitradurga District.
JUDGMENT
The Petitioner has filed the petition U/s 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter it is referred as Domestic Violence Act), seeking various relief/s under the provisions of Domestic Violence Act.
2 Crl.Mis.No.208/2012The brief facts of the petitioner's case are as under:
2. The petitioner is legally wedded wife of respondent.
and their marriage was held on 13.11.2011 at Sri.Singari Nanjappa Kalyana Mantapa at Tiptur. At the time of marriage the parents of the petitioner fulfilled the demands made by the respondent and his family members and marriage expenses spend by the parents of the petitioner. Further, she has contended that after the marriage the petitioner and respondent was residing happily in the house of respondent at Nandini Layout, Bengaluru. After in the month of February 2012 the respondent and his family members were demanded further dowry. Further, she has contended that the respondent and his family members were continuously harassing to the petitioner.
3. The petitioner has contended that the respondent and his parents were always treated in cruel manner. On 09.03.2012 the respondent sent to the petitioner out of their house at about 11.00 p.m. After that she started to live in the house of her sister at Ullala. At that time she called to the respondent and informed him to come and bring back whereas the respondent told the petitioner that if the petitioner brings Rs.Four lakhs of amount then only the respondent will allow her to the house. Further, she has contended that the respondent and his parents have been threatening the petitioner in this regard she lodged complaint 3 Crl.Mis.No.208/2012 against the respondent before the Nandini Layout Police Station in Crime No.109/2012. The petitioner has further contended that the respondent self-business and he also earning good income and his family having good income from agriculture. Whereas the petitioner was jobless and wholly depending on the mercy of her parents it is his duty of the respondent to maintain his wife. Upon these grounds, it is prayed to restrain the respondent from committing any sort of Domestic Violence against the petitioner, direct the respondent to pay the maintenance of Rs.15,000/- per month, direct the respondent to pay compensation of Rs.20,00,000/- to the petitioner and legal expenses of Rs.1,00,000/-.
4. After registration in the Crl.Mis. register this Court issued notice to the respondent. In pursuance of the notice the respondent caused his appearance through his Advocate and has filed objection in detail denying all the allegations made against him are all false except admitting the Domestic Relationship between the petitioner and respondent.
5. The respondent has contended that the marriage between the parties took place on 13.11.2011. It was an arrange marriage with the consent of both family and there was no dowry the marriage was performed as per Hindu rites 4 Crl.Mis.No.208/2012 and custom in a simple manner, further she has contended that after the marriage in the nuptial ceremony itself the petitioner has refused to have physical relationship with the respondent stating that she has no love with the respondent and she has contended that the marriage was due to the force of her parents. Further, she has contended that the petitioner was arrogant and she was not at all interested to live with the respondent, she has failed to perform her marital duties as a dutiful wife, the petitioner without having any sufficient cause left the company of the respondent.
6. Further, the respondent has contended that the petitioner is a Diploma Holder in computer science and working in a company and drawing handsome salary presently he has no income, he is living under the mercy of his parents and there is no agricultural income as alleged by the petitioner. Further, he has contended that all the home articles gold ornaments, dress and marks card were handed over to the petitioner in the presence of police authorities of Nandini Layout Police Station on 16.04.2012. Upon these grounds, it is prayed to dismiss the application.
7. The petitioner in order to prove her case, she got herself examined as PW-1 and got the documents marked at Ex.P-1 to 15. On the other hand the respondent has not 5 Crl.Mis.No.208/2012 lead his evidence and got documents confronted through PW- 1 as Ex.R-1 to R-5 and also got documents for the Court as CW-1 and Ex.C-1 to 9.
8. I have heard the arguments on petitioner side and the respondent side is taken as nil and I have also perused materials available on record. The following points that would arise for consideration are as under :
1. Whether the Petitioner proves that the respondent subjected her to Domestic Violence?
2. Whether the petitioner is entitled to the relief/s sought for?
3. What Order?
9. The answers to the aforesaid points are as under:
Point No.1 : Partly in the Affirmative; Point No.2 : Partly in the Affirmative; Point No.3 : As per final order for the following :
REASONS POINT No.1 :
10. In this case, it is undisputed fact that the petitioner is the10wife of respondent are their marriage was solemnized on 13.11.2011 at Sri.Singari Nanjappa Kalyana Mantapa at Tiptur as per the Hindu rites and customs. Further, it is 6 Crl.Mis.No.208/2012 undisputed fact that after the marriage the petitioner was residing with respondent in a shared house hold. From these admitted facts it could be said that there exist Domestic Relationship between the petitioner and respondent as defined U/s 2 (f) of the Domestic Violence Act.
11. Mere proving Domestic Relationship between the parties would not suffice to grant relief/s under the provision of the Domestic Violence Act. In order to grant relief/s under the provisions of the Domestic Violence Act the petitioner is required to prove that she has been subjected to Domestic Violence by the respondent as defined U/s 3 of the Domestic Violence Act.
12. The petitioner in order to prove her case in her examination-in-chief by way of affidavit has reiterated the averments made in the petition. In support of her case she has relied upon Ex.P-1 to 15. Ex.P-1 to 4: Marriage Invitation Card and Photos. The said documents not disputed by the respondent. Ex.P-5 is the Postal acknowledgment. Ex.P-6 is the FIR and Complaint in CrlMis.No.109/012. Ex.P-7 to 9 are the RTC Extracts. Ex.P-10 to 15 Marriage expenses bill.
13. The petitioner in her petition as well as examination-in-chief made allegations that the respondent has subjected her to Domestic Violence of mental, physical 7 Crl.Mis.No.208/2012 and economic abuse the petitioner has alleged against the respondent and his family members that they have demanded the dowry. In this regard the petitioner has lodged Complaint at Ex.P-6. Ex.-6 is the FIR registered case against the accused for the offences punishable U/s 506, 498 (a) r/w 34 of IPC r/w 3 under Dowry Prohibition Act, Dated: 14.06.2012. The said case was pending for final adjudication. Further, the PW- 1 has deposed that the entire marriage expenses of Rs.Five lakhs was born by her parents. Apart from that gold ornaments were also given to the respondent at the time of marriage which is specifically denied by the respondent. In this regard except oral evidence of petitioner noticing has been placed on record to show that petitioner parents performed marriage of petitioner with respondent No.1 by pending Rs.4 to 5 lakhs and also gave gold ornaments to the respondent as stated above.
14. Further, the petitioner has produced the written complaint against the respondent and his family members at Ex.P-7. Ex.P-7 is corroborated with the petition. At this stage this Court has relied on reporting Judgment in AIR 1989 SC3 in Wazir Chand and others V/s State of Haryana held that repeated demands for dowry articles and money on newly married wife and her parents on his relation amounts to mental cruelty. The said case applicable to this case.
8 Crl.Mis.No.208/201215. On the other hand the respondent has contended that after the marriage in the nuptial ceremony itself the petitioner has refused to have physical relationship she has stated that she has no love with the respondent. The said allegations has denied by the petitioner. Even nothing has been elicited from the mouth of PW-1. In this regard the respondent has not lead evidence in support of his case. Hence, the respondent has failed to prove his defence regarding stated supra.
16. Further, the respondent has contended that the petitioner is Diploma Holder in Computer Science and working in a company and drawing good salary. In this regard the respondent has confronted the document Ex.R-1 to R-4. In the course of cross-examination, on perusal of the above documents the Ex.R-1 is Appointment Letter, Dated:
01.01.2012 only for one year the same admitted by the petitioner she has contended that she was earlier working in the said company now she is not doing any work. The respondent has not produced any document the petitioner is working women. The respondent has made several allegations against the petitioner it amounts to Domestic Violence.
17. The petitioner has further deposed that on 09.03.2012 the respondent sent the petitioner out of their home and she residing at her sister house. On the other 9 Crl.Mis.No.208/2012 hand the respondent has contended that the petitioner herself left the company of respondent. If really the petitioner left the company of respondent the respondent ought to have issued legal notice for restitution of conjugal rights. In the instant case the respondent not done. Hence it is held that the petitioner has proved that the respondent has subjected the petitioner to Domestic Violence of mental abuse and economic abuse. Hence, Point No.1 is answered partly in the Affirmative.
POINT No.2 :
18. The petitioner has sought for restraint order t restrain the respondent from committing Domestic Violence.
So far as not sought specific prayer which acts of the respondent would be restrained. Therefore, the petitioner is not entitled to relief claimed U/s 18 of the Domestic Violence Act.
19. The petitioner has claimed maintenance of Rs.15,000/- per-month. The petitioner has stated that the respondent doing self business and he also earning good money and he is also getting income from agricultural properties. In this regard the petitioner has filed an application U/s 91 of Cr.P.C with a prayer to direct the respondent to furnish his Bank Statement and direct the Asst.Commissioner of Commercial Taxes, Bengaluru to produce the company registration Form VAT. Tax details, Tax 10 Crl.Mis.No.208/2012 analysis details from 2011 to 2015 pertaining to Moto solution as per the Court Order the CW-1 has produced the certified copies, above the said document not challenged by the respondent. The said document clearly established that the respondent owned private company in the style of M/s Moto Solution situated at Plot No.P.5/1 2nd floor, 1st Main Road, Peenya Industrial Estate, Bengaluru. The said fact not disclosed by the respondent in the objection statement. It could be said that the respondent has sufficient means and he failed to provide the maintenance to the petitioner who has no source of income. Under these circumstances it is moral social and legal obligation of respondent to maintain herself. Having been considering the status of respondent and petitioner and also considering the essential commodities and basic necessities of petitioner such as shelter, food, medicine etc., this Court is of the opinion that it is just and proper to award maintenance of Rs.10,000/- per month to the petitioner.
20. As has already been noticed the petitioner has been subjected to mental cruelty by the respondent. As such in the opinion of this Court the petitioner is entitled to compensation for her mental torture caused by the respondent. Under these circumstances Point No.2 is answered partly in the Affirmative.
11 Crl.Mis.No.208/2012POINT No.3:
21. In view of findings on point No.1 and 2, this Court proceeds to pass the following :
ORDER The petition filed by the petitioner U/s 12 of The Protection of Women from Domestic Violence Act, 2005 is allowed in part.
The respondent is directed to pay Rs.10,000/- (Rs.Ten Thousand only) per month to the petitioner towards maintenance from the date of petition, till her life time.
The respondent is directed to pay Rs.2,00,000/- (Rs.Two Lakhs only) towards compensation to the petitioner on or before 31.12.2016.
The respondent is directed to pay Rs.5,000/- (Rs.Five Thousand only) to the petitioner towards litigation expenses. (Dictated to the Stenographer, transcript computerized by him, revised, corrected and then pronounced by me in the open Court on this the 10th day of November, 2016) (ARAVINDRA.B.C.) P.O. OF MMTC-VI, BENGALURU.
ANNEXURE WITNESSES EXAMINED FOR THE PETITIONER:
PW-1 : Smt.Sanjana.
DOCUMENTS EXHIBITED FOR THE PETITIONER : Ex.P-1 to 4 : Marriage Invitation Card and Photos.12 Crl.Mis.No.208/2012
Ex.P-5 : Postal acknowledgment, Ex.P-6 : FIR and Complaint in CrlMis.No.109/012, Ex.P-7 to 9 : RTC Extracts, Ex.P-10 to 15 : Marriage expenses bill.
WITNESSES EXAMINED FOR THE RESPONDENT : Nil DOCUMENTS EXHIBITED FOR THE RESPONDENT : Ex.R-1 : Appointment letter. Ex.R-2 : Salary Annexure, Ex.R-3 : Document petitioner education. Ex.R-4 : Particulars of the petitioner education. Ex.R-5 : Particulars of the house hold list.
WITNESSES EXAMINED FOR THE COURT :
CW-1 : Jayalakshmi.
DOCUMENTS EXHIBITED FOR THE COURT :
Ex.C-1 : Vat Certificate,
Ex.C-2 : CST Certificate,
Ex.C-3 : Form No.1,
Ex.C-4 : Voter ID,
Ex.C-5 : PAN Card,
Ex.C-6 : Passport copy,
Ex.C-7 : Release agreement,
Ex.C-8 : Release Deed,
Ex.C-9 : Form Vat 100.
P.O. OF MMTC-VI,
BENGALURU.