Bangalore District Court
Smt.Ida Preethi vs Sri.Simon Michael John on 27 January, 2015
IN THE COURT OF METROPOLITAN MAGISTRATE
TRAFFIC COURT-VI, BENGALURU CITY.
Crl.Mis.No.44/2012
Dated : This the 27th day of January, 2015.
Present : Smt.LAVANYA H.N, B.Sc.,LLB
Presiding Officer of M.M.T.C-VI.
Petitioner : Smt.Ida Preethi
W/o Simon Michael John,
Aged about 35 years,
R/at # 28/2, 2nd Cross,
Guptha Layout, Lakkasandra,
Bengaluru-560 030.
V/s
Respondents : 1. Sri.Simon Michael John
S/o Sri.Morris John,
Aged about 34 years,
2. Sri.Morris John
Aged about 64 years,
Fathers name not known,
3. Smt.Santhavalli John
W/o Sri.Morris John,
Aged about 60 years,
All are R/at # 104/2/10-E,
Cattle Farm, Navadi Road,
Hosur Town.
2 Crl.Mis.No.44/2012
4. Smt.Sheila J.Abraham
W/o Ajay Abraham,
Aged about 32 years,
R/at D.No.10, Anglo Indian Lane,
5th Block, Austin Town,
Bengaluru-560 047.
JUDGMENT
The Petitioner has filed this petition under section 12 of The Protection of Women from Domestic Violence Act, 2005 (hereinafter it is referred as Domestic Violence Act) seeking various relief/s under the Domestic Violence Act.
The facts of the petitioner's case in brief are as under:
2. The petitioner is legally wedded wife of respondent No.1 and their marriage was solemnized on 21.09.1998 at All Saints Church, No.1, Hosuru Road, Bengaluru. From the said marriage the petitioner gave birth to two male children. The respondent No.2 and 3 are in-laws of the petitioner and respondent No.4 is sister-in-law of the petitioner. After the marriage for three months the petitioner lived at Hosuru in the house of her in-laws. Later, as the respondent No.1 got 3 Crl.Mis.No.44/2012 the job in Bengaluru, they shifted to Bengaluru. The respondent No.2 and 3 were often visiting their house in Bengaluru. After few months the respondent No.1 started demanding money from the house of the parents of the petitioner. Many times the petitioner has been thrown out of the house when she expressed financial difficulties of her parents. During those times the parents of the petitioner were meeting illegal demands of the respondents thinking the better future of the petitioner.
3. After the marriage the petitioner came to know that the respondent No.1 is a great womanizer who is having illicit relationship with many other women. In the year 2006, the respondent No.1 had relationship with one Smt.Gayathri who is resident of J.P.Nagar. After having relationship with said Gayathri the respondent No.1 left companion of the petitioner for one year. Later with the intervention of the elders the respondent again returned to the petitioner.
Thereafter, also the respondent No.1 has again started illegal relationship with one girl by name Surekha who hails from 4 Crl.Mis.No.44/2012 Mauritius. The said Surekha after knowing the fact that the respondent No.1 married, she went back to her native place.
4. It is further stated that during the month of April, 2009 the respondent No.1 again disappeared from the companionship of the petitioner and children without their being any information. When the petitioner approached the respondent No.2 to 4 then they demanded Rs.Five Lakhs for giving information about the respondent No.1. Later, the petitioner came to know that the respondent No.1 has illicit relationship with one Smt.Jyotsna Sirohi and he has already married that lady and he is residing along with her. They are visiting the house of the respondent No.2 and 3 at Hosur. The respondent No.1 has deserted the petitioner and children and he is living with other girls by leading a fanciful life without caring his wife and children. The respondent No.2 and 3 have been supporting the illegal acts of the respondent No.1. The petitioner has made many efforts to pacify the situation which went in vain. Having no alternative the petitioner has filed complaint against the respondents for the offences punishable U/s 120-B, 498-A and 506-B r/w Sec. 34 of 5 Crl.Mis.No.44/2012 IPC and Sec.3 and 4 of Dowry Prohibition Act which is pending for consideration.
5. It is further case of the petitioner that in order to take revenge and also for other reasons by hatching plan the respondents have come to the house of the petitioner in the first week of June, 2012 and conveyed panchayaths and also convince the petitioner that they will call the respondent No.1 who is in Hosuru and they will make them to live together. Later, the respondent No.4 has frequent touch with the petitioner. On 10.01.2012 the respondents have come to the house of the petitioner and stayed for five days. Later, she came to know that they have made a plan for taking consent of the petitioner for divorce. On 15.01.2012 the respondent No.2 to 4 assaulted the petitioner at the collusion ideas of the Respondent No.1 and then went away by saying that they will see that the petitioner should suffer for her life and they will never allow her to lead happy life. Taking advantage of these issues now the respondent No.4 has made many efforts to weaken the petitioner by giving the false police complaint. But, police have refused her complaints 6 Crl.Mis.No.44/2012 considering the fact that they are false in nature. The respondent No.4 has approached the Commissioner of Police wherein the petitioner was called and on noticing the false approaches of the respondent No.4 they have warned her not to give such false complaints.
6. It is further stated that due to illegal and neglected acts of the respondents her life is being completely spoiled. Now the petitioner and her children are staying with her parents' house. The petitioner has become a burden to her parents and they are also placing their own difficulties to give shelter to her.
7. It is further case of the petitioner the petitioner is jobless lady. She has no source of income to maintain herself and her children. The respondent No.1 is a Software Engineer who is worked with various companies in Bengaluru and he is getting sum of Rs.One lakh per month. Though the respondent No.1 is capable of earning is completely neglected and declined to look after welfare of his wife and sons. Upon these grounds, it is prayed to direct the 7 Crl.Mis.No.44/2012 respondents to pay sum of Rs.25,00,000/- as her final settlement ; direct the respondent to pay a sum of Rs.20,000/- for maintenance ; direct the respondent to pay a sum of Rs.1,00,000/- for advance of rented house; direct the respondent to pay a sum of Rs.10,000/- for rented house and restrain the respondent Nos.2 to 4 from committing any sort of torture, humiliate and pose life threats on petitioner.
8. In pursuance of the notices the respondent No.2 to 4 have caused their appearance through Advocate and have filed objection to the main petition.
9. Inspite of publication of notice in news paper the respondent No.1 did not appear before Court. As such the respondent No.1 has been placed exparte.
10. In this case when the matter has been posted for respondent's evidence, the petitioner has filed memo with a prayer to dismiss the case against respondent No.2 to 4. In view of the same as per Order dated: 26.08.2014 the case as 8 Crl.Mis.No.44/2012 against respondent No.2 to 4 is dismissed as not pressed by petitioner.
11. The petitioner in order to prove her case she herself got examined as PW-1 and got the documents marked at Ex.P-1 to 16.
12. I have head the arguments and I have perused the materials available on record. The following points that would arise for consideration are as under:
1. Whether the Petitioner proves that respondent No.1 is subjected her to Domestic Violence?
2. Whether the petitioner is entitled to the reliefs sought for?
3. What order?
13. The answers to the aforesaid points are as under :
Point No.1 : In the Affirmative, Point No.2 : Partly in the Affirmative, Point No.3 : As per final order for the following : 9 Crl.Mis.No.44/2012
REASONS POINT No.1 :
14. In this case, the petitioner in order to prove her case in her examination-in-chief by way of affidavit reiterated the averments made in the petition and in support of her contention she has relied upon Ex.P.1 to 16. Ex.P.1 to 10 are the certificates issued by the Cathedral Composite Pre- University College and High School where petitioner's sons have been studying wherein it could be seen that the petitioner has been paying educational fees to her two children. Ex.P.11 is the marriage certificate wherein it could be seen that the marriage of petitioner with respondent No.1 was solemnized on 21.09.1998. Ex.P.12 to 15 are marriage photograph and Ex.P.16 is the CD in respect of photographs at Ex.P.12 to 15.
15. The certificate at Ex.P.11 establishes the fact that the petitioner is wife of respondent No.1. The petitioner has stated that after the marriage the petitioner and respondent No.1 were residing together in a shared house hold. From 10 Crl.Mis.No.44/2012 this evidence it could be said that there exists domestic relationship between the petitioner and respondent No.1.
16. As has already been noticed the respondent No.1 did not appear before this court. Therefore, the allegations made against the respondent No.1 by the petitioner remains un-challenged. The allegations made in the petition by the petitioner read in entirety it prima-facie appears that the respondent No.1 has subjected her to domestic violence of mental and physical cruelty.
17. Further it appears that the respondent No.1 being a husband of petitioner and father of two children has failed to take care of the petitioner and his two children which he is required to do in law when petitioner has no source of income to maintain her self and children. Therefore, it is held that the respondent has subjected the petitioner to economic cruelty also. Hence, Point No.1 is answered in the Affirmative.
11 Crl.Mis.No.44/2012POINT No.2 :
18. The petitioner has prayed Rs.Twenty Thousand per month towards maintenance and Rs.10,000/- per month towards rent and also sought for Rs.1,00,000/- towards deposit of advance for rented house. The petitioner has stated that the respondent No.1 is a Software Engineer and getting monthly salary of Rs.1,00,000/- per month. But, no documents have been placed in this regard. Considering the pleadings of petitioner and taking into consideration of status of respondent and requirement of petitioner and her children this Court is of the opinion that the petitioner is entitled for Rs.5,000/- (Rs.Five Thousand) per month for her maintenance towards food, shelter, medical, etc., expenses. Further, children are in the custody of petitioner. As such, it is bounden duty of the respondent to maintain his children who are in the care and custody of petitioner. Therefore, it is just and proper to award maintenance of Rs.4,000/- per month each in favor of two children for their basic needs such as food, clothing, medical, school fees etc. In all the petitioner is entitled to Rs.13,,000/- per month towards maintenance.
12 Crl.Mis.No.44/2012
19. This court has come to the view that the petitioner is entitled to maintenance of Rs.13,000/- as stated above. Under these circumstances, it is not proper to award final settlement as prayed for by the petitioner. Hence, point No.2 is answered partly in the affirmative. POINT No.3 :
20. In view of the findings on Point No.1 and 2, this Court proceeds to pass the following :
ORDER The petition is partly allowed U/s 12 of The Protection of Women from Domestic Violence Act, 2005.
The respondent No.1 is directed to pay Rs.5,000/- (Rs.Five Thousand) per month towards maintenance of petitioner from the date of petition till her life time. 13 Crl.Mis.No.44/2012
The respondent No.1 is directed to pay Rs.4,000/- (Rs.Four Thousand) each per month to the petitioner towards maintenance of two sons namely Damien Judah John and Isaiah Christian John from the date of petition till they attain majority.
The respondent No.1 is further directed to pay Rs.4,000/- (Rs.Four Thousand) towards cost of this litigation. (Dictated to the Stenographer directly on computer, revised, corrected and then pronounced by me in the open Court on this the 27th day of January, 2015) (Smt. LAVANYA H.N ) P.O. OF MMTC-VI, BENGALURU.
ANNEXURE WITNESSES EXAMINED FOR THE PETITIONER :
PW-1 : Ida Preethi.
DOCUMENTS EXHIBITED FOR THE PETITIONER :
Ex.P-1 to 10 : School Certificates, Ex.P-11 : Marriage Certificate, Ex.P-12 to 15 : Photos, Ex.P-16 : Marriage CD.14 Crl.Mis.No.44/2012
WITNESSES EXAMINED FOR THE RESPONDENT : NIL.
DOCUMENTS EXHIBITED FOR THE RESPONDENT : NIL.
P.O. OF MMTC-VI, BENGALURU.