IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE-CUM- XVII ADDL.
METROPOLITAN MAGISTRATE : CYBERABAD AT MALKAJGIRI
Present: Smt.N.Prasanthi,
Prl. Junior Civil Judge-cum-
XVII Addl. Metropolitan Magistrate,
Cyberabad at Malkajgiri.
Friday the 13 th day of December, 2019.
D.V.C. No.6 of 2018
Between:
1.M.Tulasi, W/o.Kiran Kumar Age: 32 years, Occ: House-wife, 2.Chi.Sharadruthi, D/o.Kiran Kumar Age: 7 years, Occ: Student, (Rep. By Natural Mother M.Tulasi), Both are R/o.27-36/12, Jhanu Enclave, Near Vani Nikethan School, L.B.Nagar,
and
R/o.24-6/10, Achutha Nilayam, Vishnupuri Extension, R.K.Nagar, Malkajgiri- Hyderabad-47. …Petitioners
AND
M.Kiran Kumar, S/o.Jagan Mohan Rao Age: 36 years, Occ: Junior Assistant in Education Department, R/o.24-6/10, Achutha Nilayam, Vishnupuri Extension, R.K.Nagar, Malkajgiri- Hyderabad-47.
2.M.Vasantha Laxmi, W/o. Age: years, Occ: R/o.24-6/10, Achutha Nilayam, Vishnupuri Extension, R.K.Nagar,
Malkajgiri.
3.P.Srilatha, W/o.P.Prakash, Age: years, Occ: R/o.26-A, Venkataram Colony, East Anandbagh.
4.K.Sridevi, W/o.Subbarai Sastry, Age: years, Occ: R/o.H.No.26-A, Venkataram Colony, East Anandbagh,
Malkajgiri. ... Respondents No.1 to 4.
This case is coming before me on 15.11.2019 for final hearing in the presence of Sri.O.Lakshminarasimham, advocate for the Petitioner & Sri.P.Srinivasulu, advocate for the respondents No.1 to 3 and upon hearing and the matter having stood over for consideration till this day, the court delivered the following.
O R D E R
1.The present petition has been filed by the petitioner before the
Protection Officer, Ranga Reddy District, stating that her marriage with the R1 took place on 4.11.2009 at GNR Gardens and at the time of her marriage her parents presented ten tulas of gold and celebrated the marriage in a grand manner as per Hindu Rites and Customs.
Immediately, she joined the respondents and that she lead her happy marital life at her in-laws house for one month and the Respondent No.1 used to abuse her in an unparliamentary language and used to beat her without no fault and used to torture her and caused mental agony and her mother-in-law and her sister-in-law used to encourage R1 to do the acts against her.
2.The petitioner further submitted that one day or the other day the respondent No.1 and his family members may change their attitude, she borne all the harassment and torture made by them. The petitioner continued the marital life during this time she gave birth to one female child on 19.8.2011 after giving birth to female child their torture and 2 harassment were intensified and reached to a peak stage, for the reason that she gave birth to female child only. The Respondent No.1 and his family members are even not provided proper food, clothes, medicine to her and her female child as there is no alternate to her she used to request her poor father to provide the same as such her father with a great difficulty he used to provide the food and clothes, medicine to her and her child.
3.The respondent No.1 is working as Junior Assistant in Education
Department and used to get Rs.50,000/- salary per month. Inspite of her taken care of her and her child and did not allow her to go for a job to maintain her and her child. The R1 used to spend his entire salary to his own and used to come to the house in the late nights in an inebriated condition and further used to cause torture and harassment against her.
4.The petitioner further submitted that after the marriage she lived happily for a shorter period and after the birth of her child R1 started harassing her physically and mentally on one pretext or other whenever she questioned about his acts and deeds R1 used to became wild and started beating her and she used to inform the same to her in laws but they used to support the R1 and further they used to advise her that as per R1 wish, that she has to give divorce otherwise the petitioner to hang herself or else to consume poison.
5.The petitioner further submitted that the family members of respondents snatched away her entire gold ornaments and necked her away and the respondents used to instigate R1 to get rid of her and her child. The petitioner further submitted that the harassment and torture made by her inlaws and her husband with a fond of hope that on one day or the other day they may change their attitude and further with a great respect to the marital tie and also by keeping the welfare of her child she did not chose to lodge any complaint against her husband and in laws. But they are posed deaf ear and they left her and her child. As there is no alternative herself and her child depended on the charity of her father and leading the life in a drastic situation.
3
6.The petitioner further submitted that when R1 is not allowing her and her child to live with him and he is necking them out then herself and her father and elders approached her in laws and requested to keep them with at their house till her husband changes himself, for which the family members of the R1 objected and further advised her and her father and elders that to commit suicide herself along with her child by hanging or by way of consuming poison or else to give divorce to
R1 the family members of the R1 necked out her and her child and not permitted them to reside in their house.
7.The petitioners further submitted that the family members of respondent No.1 had never changed their attitude and in fact when she spoke to her husband over phone about her life and child life, R1 used to say that they have to commit suicide herself. Finally on 2.1.2017 also herself, her father and mother and elders requested the respondents to allow the petitioner No.1 into the house of Respondent
No.1. but they necked her out and they threatened with dire consequences. Accordingly, a case was registered a case was registered u/s.498(A) IPC at PS Malkajgiri. Now the petitioner No.1 is residing at her parent’s house with a meager income in a rented premises, her father is not self sufficient to maintain himself, she has n o independent income to get on her child even for their basic needs.
8.The petitioner further stated that she is not accustomed to any manual labour and she is not highly qualified or educated one to find a good job to meet her needs and now she is jobless and she is not able to survive herself and her child solely and her child are dependend on her father who is getting meager income which is not self sufficient to maintain himself. As such she needs Rs.25,000/- per month to her and her child to meet her needs life food, clothing medicines and other basic amenities and also to maintain her child and for her medical expenses, school admission fees and tuition fee etc., and basic needs for their livelihood. The petitioner further stated that the R1 is working as a
Junior Assistant in Education Department and getting an amount of Net
Salary of Rs.50,000/- per month and the mother of R1 is getting pension and sisters of R1 are doing jobs and getting a good packages, as such there is no other dependents are depended on the R1 except the petitioner and her child. The petitioner further submitted that all the respondents are caused all sorts of abuses against her and her daughter and that she left with no other alternative except by the way of filing of the present complaint.
9.The petitioner further submitted that she has filed the present complaint before the District Protection Officer, RR District and filed the documents in support of her case.
10.Hence, the petitioner prayed the court to direct the R1 to pay a monthly maintenance of Rs.25,000/- to her suiting the status of the R1 not only that the R1 may be directed to return her gold ornaments (as mentioned in Sthri Dhan list) and also direct the R1 to pay a compensation of Rs.10,00,000/- for causing the abused in all sorts and also caused violence against her and also tortured her mentally and physically by all respondents and to pass orders in the interest of justice.
11.Point:
Whether the petitioner is entitled for the reliefs under
Domestic Violence Act - 2005 as prayed by her?
12The petitioner has filed a complaint before the District Protection
Officer and has also come before this court and filed the present DVC along with her chief-examination-affidavit has got examined herself as
PW1 and marked Ex.P1 to P4 which are Ex. P1 is the complaint, Ex. P2 is the Wedding Card, Ex. P3 is the two Marriage Photographs, Ex.P4 is the
FIR copy in Cr.No.10/2017.
13.The respondents were set ex-parte as though notices served on them they failed to appear before this court and were set ex-parte.
14.The brief averments of the complaint filed by the petitioner before the DPO is that the marriage of the petitioner performed with the R1 on 4.11.2009 at GNR Gardens which is an arranged marriage, and at the time of her marriage her parents presented 10 tulas of gold and celebrated the marriage in a grand manner. Later the petitioner joined the company of respondents at Malakpet, lived happily marital life with R1 for one month. After that the respondents used to come in drunken condition to the house and abused her in an unparliamentary language and also used to beat her and caused mental agony to her. Her mother-in- law and her sister-in-laws used to encourage the acts of her husband.
15.The petitioner further submitted that she continued the marital life with R1 inspite of harassment, she gave birth to one female child on 19.8.2011. The harassment caused to her did not provide proper food, clothes, medicines. The petitioner further submitted that the R1 is working as Junior Assistant in Education Department, who is earning of
Rs.50,000/- inspite of his salary did not take care of petitioner, child continued harassment, R1 never allowed her to go job to maintain herself and her child and later the respondents have necked out the petitioner from their house and she had to stay with poor father at
L.B.Nagar.
16.The petitioner further submitted that R1 and his family members snatched and necked out her and her child out of their house, the in- laws instigated to get rid of her and her child and she further submitted that the respondents completely neglected her and her child and did not even to allow her and her child to reside with him. Whenever the petitioner made phone call R1 about her future and her child he used to tell to commit suicide herself and that her parents and elders went to the R1 house and requested to allow the petitioner and her child to reside with him. But they necked out from their house and threatened with dire consequences. Accordingly, she lodged a report in PS Malkajgiri u/s.498(A) IPC.
17.The petitioner further submitted that his father is getting a meager income, were residing in a rental premises she does not have independent income to take care of herself and her child she is not highly qualified person to get good job to meet her needs and her child she requested the court to grant Rs.25,000/- per month to meet necessary meet education her child also submitted that the respondent does not have any other burdens as her mother is getting pension, her sisters are doing good salary jobs. Accordingly, the petitioner prayed to grant of Rs.25,000/- per month as maintenance, to direct the R1 to return the gold ornaments, compensation of Rs.10 Laks for the physical and mental harassment caused by the respondents to her.
18.The petitioner has reiterated even in her chief-affidavit filed before this court. In order to support the allegations made by the respondents she has marked Ex.P1 to 4 which are the complaint, wedding card, marriage photographs, FIR u/s.498(A) IPC which she has registered a case against the respondents for necking out of the house of respondents . In the present case the petitioner is an aggrieved person and the husband of the petitioner comes within the definition of respondents also members of the family Sec.2 of the Domestic Violence Act – 2005. Wedding Card Ex.P2 filed by the petitioner shows that she has got domestic relationship with the respondent as she has lived together with the respondent in a shared house-hold after the marriage. Ex.P2 & 3 also establishes domestic relationship between the petitioner and respondent and though the respondents set ex-parte the main allegations made by the petitioner were not contended by the respondents by appearing before this court by filing their counter and hence the evidence of the petitioner remains unchallenged and as per the Sec.23 of the Domestic Violence Act the
Magistrate has been vested with power to grant an ex-parte order, if the
application prima-facie discloses that the respondent is committed or has committed an act of domestic violence that there is likelihood that the respondent may commit an act of domestic violence an ex-parte Orders may be granted u/s.18, 19, 20, 21, 22 of the Domestic Violence Act – 2005.
19.The Ex.P4 FIR under which the complaint has lodged a complaint u/s.498(A) IPC which shows that the Respondent No.1 has been harassing the petitioner and her child not been maintaining properly she has been subjected to cruelty and even the domestic relationship between the parties is also under Ex.P2 and P3.
20.In the present case the main allegations made by the petitioner shows that she has been subjected to domestic violence by the respondents and that remained unchallenged, no other evidence by respondents appear before this court. The petitioner is praying this court of grant of maintenance of Rs.25,000/- per month which is Monetary
Reliefs i.e., prayed by the petitioner u/s.20 of the Act, she has asked the court to direct the R1 to return the gold ornaments within the purview of the Sec.20 of the Act and she is even prayed the court as compensation of Rs.10 Lakhs for the physical and mental sufferings by within the purview of Sec.22 of the Act. As per the Sec.23 of the Act the
Magistrate is empowered to ex-parte order. The prima-facie application
discloses by the respondents in this case on the application it prima- facie shows that the petitioner and her child subjected by the respondents. Hence the present petition is allowed by granting the following reliefs i.e., the Respondent No.1 is directed to pay monthly maintenance of Rs.10,000/- per month to the petitioner. Accordingly this point is answered.
21.In the result the petition is allowed. The following relief is granted to the petitioner :
1) The Orders u/Sec.19 of the Act:
All the respondents are directed to return all the gold ornaments (10) tulas of gold i.e., “Sthree Dhana” kept in their custody to the petitioner within one month from the date of this order;
2) The Monetary Reliefs u/Sec.20 of the Act:
The 1st respondent is directed to pay Rs.10,000/- p.m., to the petitioner towards monthly maintenance. The payment shall be made on (or) before 10th of every month and the payment shall be made directly to the petitioner (or) shall be deposit into the bank account of the petitioner. The payment starts from December, 2019.
Dictated to the Personal Assistant, after transcription by him,
corrected and pronounced by me in Open Court on this the 13 th day
December, 2019.
Prl. Junior Civil-Judge-cum-
XVII Addl.Metropolitan Magistrate, Cyberabad at Malkajgiri.
APPENDIX OF EVIDENCE
WITNESS EXAMINED
For Petitioner:
PW.1 : M.Tulasi
For Respondent:
Nil
EXHIBITS MARKED
For Petitioner:
Ex. P1 is the complaint
Ex. P2 is the Wedding Card
Ex. P3 is the two Marriage Photographs
Ex.P4 is the FIR copy in Cr.No.10/2017
For Respondent:
Nil
Prl. Junior Civil-Judge-cum-
XVII Addl.Metropolitan Magistrate,
Cyberabad at Malkajgiri.
// TYPING COMPLETED //
DICTATION BOOK NO.28,
DT.12.12.2019.