1 DVC.No.06 of 2014
IN THE COURT OF THE SPL.JUDICIAL MAGISTRATE OF FIRST CLASS
MOBILE (PCR) : AT :ADILABAD
Dated this the 10th day of January, 2020
Present: Smt. P. Aruna Kumari,
JUDICIAL MAGISTRATE OF FIRST CLASS
ADILABAD
FAC: SPL. JUDL. MAGISTRATE OF FIRST CLASS MOBILE (PCR),
ADILABAD.
D.V.C.NO. 06 OF 2014
Between:
1) I.P. Bhavana Singh, W/o. J. Srinivas, R/o. H.No.4-3-71/4, Dwarakanagar, Adilabad,
2) Saharsh, S/o. J. Srinivas, Age: 7 years, Occ: Student of 2nd class, R/o. H.No.4-3-71/4, Dwarakanagar, Adilabad. (minor rep. through his natural Guardian-Petitioner No.1)
3) Shreyansh, S/o. J. Srinivas, Age:21/2 years, R/o. H.No.4-3-71/4, Dwarkanagar, Adilabad. (minor rep. through his natural Guardian-Petitioner No.1)
...Complainant Nos.1 to 3
//And//
1. Jakkula Srinivas, S/o. Jakkula Chini Krishnudu, Age:38 years, Occ: Doctor, R/o. H.No.6-5-230/13, Gandhinagar, Secunderabad-500 800, presently working as Consultant in Anesthetics and Intensive Care in Bedford Hospital(N.H.S. trust), Kempston Road, MK429DJ, U.K,
2. Jakkula Chinni Krishnudu, S/o. Late. Chanchaiah, Age:66 years, Occ: L.I.C. Member of Chairmans Club, H.No.6-5-230/13, Gandhinagar, Secunderabad,
3. Jakkula Shakuntala, W/o. Chinni Krishnudu, Age:64 years, Occ: Housewife, R/o. H.No.6-5-230/13, Gandhinagar, Secunderabad.
( The case against R.Nos.2 and 3 dismissed as matter settled between parties in Lokadalath) ….Respondent Nos.1 to 3
This case coming on this day before me for final hearing in the presence of Sri M. Ramana Reddy and others, Advocates for the Complainants; and for the Respondent no.1 has been Set Ex-parte, upon perusing the material papers on 2 DVC.No.06 of 2014 record and having stood over for consideration, till this day, the court made the following:-
: J U D G M E N T :
1. This Petition filed U/Sec. 12 of Protection of Women from Domestic
Violence Act, 2005.
2.The brief facts of the complainants/aggrieved party is as follows:
The averments of complaint is that:- The aggrieved party No.1 is legally wedded wife of the R.No.1, R.Nos. 2 and 3 are her in-laws. The complainant further averred that the marriage of complainant No.1 and R.No.1 was solemnized as per the Caste customs and traditions on 12.03.2004 at RTC
Bhavan, RTC cross road, Hyderabad, after marriage they both lived together with the R.Nos. 2 and 3 for six months, she further averred that professionally
R.No.1 is a Doctor where as the complainant No.1 persued M.Phil. Degree from
Osmania University Hyderabad in English literature. She further averred that their marriage is a Inter Caste marriage arranged through Marriage Bureau, at the time of marriage talks R.No.1 proposed that he was willing to go to United
Kingdom(U.K) and he planned to go there for further studies and to secured job for temporary period and when ever is desired by the complainant No.1 to come to India, he has to come to India, for which he agreed upon and his parents also agreed to be in India only permanently and with that understanding only parents of the complainant No.1 agreed and complainant
No.1 has also given her consent for marriage and accordingly marriage was performed, she further averred that at the time of marriage her parents gave 30 tulas of Gold in the form of Ornaments and 5 Tulas of Gold to the
R.No.1(Chain, Ring and Bracelet) and other articles all worth of Rs.3 Lakhs and 3 DVC.No.06 of 2014 incurred an amount of Rs.10 Lakhs for marriage expenses and gave Rs.5 Lakhs to the parents of R.No.1 as dowry on their demand.
She further averred that after the marriage R.No.1 went to U.K., he secured job there, later complainant No.1 has gone to U.K., where they both lived together happily till the birth of first son, who was born on 25.8.2006 at
Norwich, at the time of first delivery of complainant No.1 her mother went to
U.K. to attend her delivery and to do domestic help and resided there for four (04) months in order to help complainant No.1 and attended the delivery of complainant No.1, thereafter they came to India to attend the marriage of complainant No.1 first sister in the month of April, 2011 after staying for some days they went back to U.K, the R.No.1 started harassment in the way of non co-operation in domestic affairs on flimsy and silly matters, however the complainant No.1 adjusted herself with a hope that he may change his attitude and take care of her and her child, he has tortured her by using abusive words against her and in the name of her parents and started coming to the house in late hours, when complainant No.1 questioned, his reply was that it is of his personal matter, further complainant No.1 tolerated all his non-co- operation and harassment caused to her, thereafter they are blessed with second son who is aged about 21/2 years at the time of filing of this complaint, at that time mother-in-law of complainant No.1 went to U.K. to attend her delivery, at that time R.No.1 was questioned that why, her mother did not come to U.K. to attend second delivery and on that point also R.No.1 harassed her physically and mentally by using objectionable language in spite of her reply that her mother is a Diabetic patient and also Heart patient and due to that reason she could not come to U.K., the complainant No.1 has tried to convince him but because of his adamant attitude, he started misbehaving and creating nuisance in the house by physically manhandling her, she further 4 DVC.No.06 of 2014 averred that R.No.1 developed grudge against her and her parents and insulted her stating that her qualification is not useful in U.K and further commented on many occasion that her Degree is only to do work as sweeper in the Super Market due to which the complainant No.1 felt insult and humiliated, that her life after the birth of second son who is the complainant
No.3 is confined within the house and never took her to any social functions and he never taken any care or spared time with the complainants, in the month of September-2013 one day R.No.1 made a proposal to the complainant
No.1 should go to India with children and continue study of the children in
India and he would stay in U.K only but she has rejected his proposal and requested him that both should got to India as agreed earlier at the time of marriage talks, when she has not agreed for the proposal of the R.No.1 he made a plan to harass her with ill-motive and physically manhandled her on several times and stopped coming to the house and he deserted the complainants at Cambridge and living separately, his whereabouts and his residential address is not known to the complainant No.1, due to said situation she physically became weak and mentally depressed.
As per their previous understanding in the month of August, 2013 it was decided to come to India to attend the marriage of second sister of the complainant No.1 which is to be performed on 10.12.2013, the R.No.1 was insisting that she should give divorce to him or in alternate her parents should pay additional dowry of Rs.10,00,000/-, accordingly on 19.11.2013 while the complainant No.1 was busy with packing of luggage's the R.No.1 abused her in filthy language on account of which she was shocked, the R.No.1 was searched her luggage and took away her treatment prescription card and torn it and started beating on account of which she has received bleeding injuries as he bite her fingers with teeth, when the matter was reported to the Police
Cambridge U.K for the harassment and domestic violence caused to the 5 DVC.No.06 of 2014 complainants for which Police Cambridge U.K allotted one reference number as
CC.02122013-0205 to complainant No.1, however with the help of friends she
came to India along with her children on 22.11.2013 and the R.No.1 was bound to come to India on 01.12.2013 but he did not come to India to attend the marriage, after landing in India the complainant No.1 narrated the entire incident to her parents and staying at her parents house in Adilabad along with her children.
During her stay at U.K since the month of August, 2013, the R.No.1 was not in touch with her and not attended her phone calls and never cared her and her children, even after arrival to Adilabad he was not responded to the messages sent by her to R.No.1 for finance to meet the expenses but he failed to response for the same, again on 19.12.2013 father of the complainant No.1 sent a message through E-mail informing him to come to India and settle the matter, when the complainant No.1 asked R.Nos. 2 and 3 on 19.12.2013 through phone call about the demand of divorce without her fault, then the
R.Nos. 2 and 3 informed her that R.No.1 has made up of his mind about his second marriage, the reason for harassment is that he developed illicit intimacy with one lady Doctor namely Ioana Sintie who is working under his control at Bedford Hospital. The complainants are forced to stay with her parents and being subjected to mental torture and panic and could not recovered from shock due to illegal acts of the R.No.1 who was demanding divorce or in alternate additional dowry of Rs.10,00,000/- without her fault, due to said acts of respondent No.1 she totally disturbed and her health was deteriorated and she has consulted a Doctor and taking treatment to get relief from depression and she further averred that the she used to stay whenever visit to India with the R.No.1 in the house bearing No.6-5-230/13 situated at
Gandhi Nagar which is shared household, all the respondents constitute the joint family including the complainants, the R.No.1 used to send the money 6 DVC.No.06 of 2014 every 2 to 3 months by way of crediting in the account of the R.No.2 and due to that the R.Nos.2 and 3 have developed their business activities and savings, that after landing to Indian on 22.11.2013 the complainants went to Gandhi
Nagar and stayed there and she narrated to R.Nos.2 and 3 regarding the incident and harassments caused to her at Cambridge by R.No.1, then R.Nos. 2 and 3 who promised to the complainant No.1 to settle the matter amicably after R.No.1 comes to India on 01.12.2013 as per schedule programme and she believed the same. The marriage of second sister of the complainant No.1 was done on 10.12.2013 but R.No.1 cancelled his trip purposely, so, the complainant No.1 and her father tried to contact him through phone and also sent SMS and E-mails requesting to come to India but there was no response, so, on 11.12.2013 the parents of the complainant No.1 along with Avinash
Khaturia who is uncle of the complainant No.1 approached the R.Nos.2 and 3 at Gandhi Nagar, Secunderabad and informed that there is no response from the R.No.1, they informed that if additional dowry of Rs.10,00,000/- is paid to them only their son would withdraw the proposal of Divorce and second marriage, R.Nos. 2 and 3 are in regular touch with the R.No.1 and they all conspired together, harassed for unlawful demand and driven out the complainants from matrimonial home and they are forced to stay with parents at Adilabad. Later, complainant No.1 lodged a complaint against the R.Nos. 1 to 3 U/Sec.498-A of I.P.C and Sec.3 and 4 of D.P Act-1961.
On 19.12.2013 the complainant No.1 sent a E-mail to R.No.1 for arrangement of admission fee of complainant No.2 in a School and requested to transfer money but there was no response from the R.No.1, subsequently the complainant No.1 received a notice from Bedford Court, U.K at the address of parents of the complainant No.1 on 07.01.2014 that R.No.1 has filed a
Divorce Petition against the complainant No.1 on the ground of Misbehavior on the part of the complainant No.1 with the allegation that the complainant 7 DVC.No.06 of 2014
No.1 assaulted the R.No.3 on two occasions in India and U.K and the allegation made in Divorce case was vague and created for the purpose of filing of
Divorce case there and also to marry one lady Doctor. The complainant No.1 who is not in a position to contest the case at U.K Court but sent her Counter, challenging the very jurisdiction of that U.K Court on the ground that the parties are Hindus and their marriage was performed at Hyderabad and they are governed under Hindu Marriage Act and the matter was pending at U.K.
Court. So, she understood that from very beginning all the respondents made a plan to create problem in the life of the complainant No.1, she further averred that at the time of filing of Divorce Petition by R.No.1 in U.K. Court, he has submitted an application in the form of “Statement of Arrangement for
Children” in which he mentioned that children will resides with the complainant
No.1 and choice is left to the complainant No.1 who can resides at Gandhi
Nagar, H.No.6-5-230/13, Secundrabad and his parents who are R.Nos.2 and 3 will take care of the complainants and also undertook to provide full financial support to the complainants.
On 28.12.2013 when the complainant No.1 along with children went to
Gandhi Nagar to take her belongings but R.Nos.2 and 3 have insulted her and abused her and warned her not to reveal in the relatives about the illicit intimacy of the R.No.1 with that lady Doctor and also threatened with dire- consequences, again on 18.01.2014 the complainant No.2 proposed to go to
Gandhi Nagar to meet the R.Nos. 2 and 3 on the request of herself and her father went and left the complainant No.2 in Gandhi Nagar and on 19.01.2014 when father along with sister Pooja went to Gandhi Nagar to pick up the complainant No.2 at about 4.30 p.m., then both the respondents questioned as to why the complainant No.2 was brought to their house and they also insulted her father and sister Pooja Singh. The complainant No.1 is subjected to mental torture due to unlawful demand and deserted all the complainants without 8 DVC.No.06 of 2014 providing any financial support, since her arrival to India, as such the acts of the respondents constitute the Domestic Violence as defined in section 3 of
Domestic Violence Act-2005, the complainants are the aggrieved party who are entitled to file complaint for claiming relief as provided under the Act and all the respondents are liable for the same. The R.No.1 is a consultant in
Anesthesia and Intensive care in BEDFORD Hospital, U.K. and earning
Rs.5,000/- pounds (Rs. five(05) Lakhs) as salary per month and apart from it he does extra works on weekend for which he is paid extra amount of nearly
Rs.1,000/-pounds (Rs. One(01) Lakh), thus, the R.No.1 is earning Rs.6,000/- pounds per month and he is having a own house at Cambridge U.K in which the R.No.1 and the complainants were residing till they came to India, the
R.No.2 and R.No.3 are having house in Gandhi Nagar and getting monthly rent not less then of Rs. 25,000/- per month, all are in joint family, now, the complainants are in dire necessities of basic requirements like Food, Clothings and other basic necessities, education to children, medical aid and mentioned details as per complaint and they shown total monthly expenses of
Rs.2,26,188/- per month for expenses incurred by the complainant Nos. 1 to 3.
Further the complainants averred that they are entitled to get Protection order prohibiting the respondents from committing any Domestic Violence when ever the complainants goes to Gandhinagar at the desire and instance of complainant No.2 and also the complainants are entitle for residence order
U/Sec.19 of the Act and the circumstance demands for passing order restraining the respondents from alienating or disposing of the shared household properties i.e., house bearing No.6-5-230/13, Gandhi Nagar,
Secunderabad and house at 17 Howard Road, Cambridge CB58QS and also to provide accommodation or to pay rent of Rs.15,000/- per month and also pass order for the safety of aggrieved person U/Sec.19(d)(f) and 2 of the Act, the complainant No.1 is subjected to mental torture and could not recovered from 9 DVC.No.06 of 2014 shock due to illegal act of the respondents, she is totally disturbed and her dreams are shattered and reduced to nothing and health is also deteriorated and taking treatment, she has lost the chances of securing job in future, she is well educated and got the M.Phill Degree from Osmania University, Hyderabad in English literature, but her future prospect is totally hampered, she is claiming compensation of Rs.20,00,000/-(Rupees twenty(20) lakhs) U/Sec.22 of the Act for the mental torture and emotional stress caused by the respondents which amounts and constitute the acts covers under the Domestic Violence
Act, they further averred that, at the time of marriage 30 tulas of Gold was given in the form of Ornaments and 2 kgs of Silver(vendi)[(1) Pooja Thali and other pooja items(1kg), 2) One Lota and also 5 lakhs amount as dowry and other household articles for the welfare of the complainant with the hope of smooth sailing of matrimonial life, these are all her “Sthreedhana” properties, that 4 tulas of Gold are with the complainant No.1 and other 26 tulas of Gold i.e., Waist belt 16 tulas and long necklace of 6 tulas, bangles of 4 tulas are in the custody and possession of R.Nos.2 and 3 and she is entitled for its return as per Sec.19(8) of the Act.
Prayed this court to pass the following order in favour of aggrieved party and against the respondents.
The complainants are residing within the jurisdiction of this Court and this court has got jurisdiction U/Sec.27 of the DV Act, due to Domestic Violence
Act committed by the respondents, the complainant No.1 is subjected to mental torture and all the complainants are forced to stay with the parents of complainant No.1 and the above offence is a continuing and day to day offence as such complainants are entitled to file before this the Court against the R.Nos. 1 to 3. i.e., To pass a Protection order under sec.18(a) Prohibiting the respondents from committing any act of the domestic violence when ever 10 DVC.No.06 of 2014 the complainant No.1, visit house bearing No.6-5-230 Gadhi Nagar
Secunderabad at the desire and will of complainant No.2,
2) Pass Residence order U/Sec.19(d) restraining the respondents from alienating or disposing of the Shared house hold situated at 17 Howard Road,
Cambridge CB58QS U.K. and H.No. 6-5-230/13 situated at Gandhi nagar and direct the respondents to pay monthly rent of Rs.15,000/- U/Sec.19(f) and also impose any additional condition and pass order for the safety of the children’s
U/Sec.19(2) of Act,
3) Direct the respondents to pay monetary relief of Rs.2,26,188/- U/Sec.20 of the Act,
4) Direct the respondents to grant compensation and damages for Rs.20 lakhs
U/Sec.22 of the Act,
5) Pass such interim order as the court deem just and proper and
6) Pass any order as deem fit in the circumstances cause. Hence, this
Complaint.
3.On the other hand the Respondent No.1 called absent and serve of notice on R.No.1 held sufficient, no representation from R.No.1 and R.No.1 set- exparte, as R.No.1 failed to appear before this court even after receiving of notice through this court as per Crl.M.P.No.156/2014 and as per
Crl.M.P.No.157/2014, R.Nos. 2 and 3 appeared before this court. Later, R.Nos. 2
and 3 filed Transfer petition vide Transfer Crl. Petition No.121/2014 and Stay was granted by the Hon’ble High Court at Hyderabad vide
T.R.Crl.M.P.No.148/2014, but later said Transfer Crl.petition was dismissed and stay granted earlier was stands vacated. Later the matter between the complainants and R.Nos. 2 and 3 was settled before the Lok Adhalath and terms of compromise was recorded between the parties. Accordingly, Award was passed (vide separate one) dt:6.10.2018 and this DVC.No.6/2014 is 11 DVC.No.06 of 2014 dismissed against the R.Nos. 2 and 3 and this DVC is proceeding against the
R.No.1 by the complainants.
4.Heard, perused the material on record.
5.Points for Consideration is:-
“Whether the Complainants are entitled for relief U/Secs.18(a),
19(d), 19(f), 19(2), 19(8), 20 and 22 of Protection of Women
from Domestic Voilence Act-2005 from respondent No.1 as
prayed for”.?
6.POINTS:
For better appreciation of the facts and the evidence on record, the definitions provided U/Sec.2 of DV Act, can be looked into. Section 2(a) of
DV Act defines ‘aggrieved person’ as under:
“Aggrieved person”means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.
Section 2(f) defines ‘domestic relationship’ as under:
“Domestic relationship”means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family”.
Section 2(s) defines ‘shared household’ as under:
“shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.” 12 DVC.No.06 of 2014
7.Complainant examined herself as Pw.1, complainant nos. 2 and 3 are the children of the complainant No.1 and R.No.1, complainant Nos. 2 and 3 are minors and the complainant No.1 representing the complainant Nos. 2 and 3 as a natural guardian(Mother) to them. The complainant No.1 father by name Sri.P. Mohan Singh examined as Pw.2 on behalf of Pw.1.
During her chief-examination she reiterated the contents as per her complaint. Pw.2 also reiterated the contents of complaint as well as deposed on identical lines to that of evidence of Pw.1. Exs. P1 to P65 are marked through Pw.1. The R.No.1 failed to appear before this Court and he was set- exparte and R.No.1 failed to rebut the allegations made against him by the complainants. As R.No.1 failed to appear and failed to file Counter as such all the contents in complaint and chief-examination of Pw.1 are presumed to be true and un-rebutted. It is further contended by the complainant No.1 that the R.No.1 harassed complainant No.1 physically and mentally and demanded for additional dowry of Rs.10,00,000/- from her parents, he never cared about her and her children and also abused her in filthy language and he is adamant and also misbehaved and created nuisance in the house by physically manhandling her and developed grudges against her and her parents and also insulted her stating that her qualification is not useful in
U.K and further commented that her Degree is only to do work as sweeper in the Super Market. She further contended that after giving birth to second son she is confined within the house and R.No.1 never took her to any social functions and never care or spared time with the complainants. Moreover,
R.No.1 forced the complainant No.1 to give divorce to him or in alternate her parents should pay of Rs.10,00,000/-. In one occasion while the Complainant no.1 was about to go to India along with her children and R.No.1 i.e., on 19.11.2013 at that time R.No.1 was searched her luggage and took away 13 DVC.No.06 of 2014 treatment prescription card and torn it and bite her fingers with teeth and complainant No.1 reported the matter to the Police at Cambridge U.K regarding harassment and Domestic Violence caused to her in the hands of
R.No.1 for which police registered a case and gave reference No. as
CC.02122013-0205. Later, the complainant No.1 came to India on
22.11.2013 but R.No.1 who was bound to come to India on 01.12.2013 but failed to come to India to attend the marriage of sister of complainant No.1.
She further contended that R.No.1 has made up his mind about his second marriage due to said reason he started harassing Pw.1 as he developed illicit intimacy with one lady Doctor namely Ioana Sintie who is working under his control at Bedford hospital.
8.Pw.1 contended that respondent No.1 completely neglecting complainants to maintain and failed to look after the complainants even after having sufficient means, the R.No.1 did not choose to contest the allegations of Pw.1 even though he got knowledge about the case and his parents R.Nos. 2 and 3 are contested this case and later compromised and he got contact with
R.Nos. 2 and 3 and he has touch with them frequently but R.No.1 failed to contest this matter and also neglected to maintain them and as such fact that the R.No.1 neglected to maintain complainants willfully and the facts that
R.No.1 harassed the Pw.1 mentally and physically and tortured her in U.K remained undisputed and due to his torture she fell ill-health and in support of her version she filed Treatment Certificate dated 18.11.2013 issued by Dr.
S.Jones, Cambridge marked under Ex.P2 and in support of her contention she also filed Marriage Certificate between Pw.1 and R.No.1 i.e., Certificate of
Marriage which was marked under Ex.P3 dated 31.03.2004. However, P.w.1 proved the relationship between her with R.No.1 as well as R.Nos.2 and 3. Pw.1 in her complaint and in her chief-examination stated that R.No.1 is having 14 DVC.No.06 of 2014 sufficient means, in support of her version she filed Ex.P5 i.e., Copy of
Statement of Arrangement of children filed by the R.No.1 in a Divorce proceeding in a Family Court, U.K in which it is mentioned that the R.No.1 is a
Doctor at Cambridge, U.K and also filed Ex.P13 i.e., Certified copy of Order and
Decree passed in GOP.No.189/2014 by the Hon’ble Family Court, Adilabad and also filed Certificate copy of Order and Decree passed in FCOP.No.31/2014 by the Hon’ble Family Court under Ex.P14, Adilabad and the recitals of Ex.P5 which is clearly shows that petition with regard to living arrangement of his children, in which he categorically stated that children who live with Pw.1 with their choice at U.K or in India. Ex.P1 is the Certified copy of F.I.R and Ex.P12 is the Certified copy of Charge sheet filed by the Pw.1 clearly shows that petitioner lodged complaint against the R.No.1 and her in-laws for the offence
U/Sec.498-A of I.P.C and Sec.3 & 4 of Dowry Prohibition Act before the WPS
Adilabad which clearly established that R.No.1 harassed Pw.1 physically and mentally and insisted Pw.1 to give divorce or to alternate to give him
Rs.10,00,000/-. As per Exs.P13 and P14 which clearly shows that the Hon’ble
Family Court, Adilabad declared that the Pw.1 is guardian of the complainant nos. 2 and 3 and also declared the impugned decree of divorce dissolving the marriage dated 31.03.2004 between Pw.1 and R.No.1 passed in Case
No.BE13D01116 by the learned Judge, Family court, Bedford County Courts,
United Kingdom dated 16.6.2014 as ab initio void and having no binding effect on the petitioner/complainant No.1. Exs. 6, 7, 8, 9 to 61, 64 and 65 are the Fee receipts pertaining to education purpose to complainants Nos.1 to 3 respectively and pertaining to Medical bills and expenses incurred to complainant No.1 as well as complainant No.3 regarding their treatment respectively. Whereas Exs.62 and 63 reveals regarding Rental agreement its expenses incurred by Pw.1 and expenses incurred by her during her stay in
Hyderabad, here it is the proof that the R.No.1 neglecting the complainants till 15 DVC.No.06 of 2014 date and he has not sent any amounts for maintenance and also welfare of the complainants. Pw.1 further contended that complainant no.3 is suffering with health problem and he is undergoing treatment frequently. Pw.1 further averred that parents of Pw.1 were taking care of them and with great difficulty they are looking after their welfare. Moreover, the recitals and findings of the
Hon’ble Family Court, Adilabad in FCOP.No.31/2014 that the marriage between
Pw.1 and R.No.1 was held at Hyderabad, India, as per Hindu rites and customs and tradition, they were governed by Hindu Marriage Act and the laws of U.K is not applicable to Pw.1 and R.No.1, that court got no jurisdiction and found that
Decree passed by the Bedford County on the ground of misbehavior is not available grounds under the Hindu Marriage Act and the Decree passed by the
Bedford is non-est in the eye of law and Decree is not enforcible and not binding on Pw.1, so, here the relationship between Pw.1 and R.No.1 is till existed. The documents filed by Pw.1 and supportive evidence of Pw.2 who is father of Pw.1 it is clear that R.No.1 harassed Pw.1 mentally and physically and deserted Pw.1 and her children and neglected them and now they are living in
Adilabad in the house of parents of Pw.1 and her parents are looking after their welfare. The documents filed by Pw.1 it clearly shows that Pw.1 incurred amounts for her maintenance and also for maintenance of complainant Nos. 2 and 3 like Admissions fees, School fees and also incurred amounts for treatment for herself as well as complainant No.3 and their basic necessities.
Considering all averments in the petition and in view of evidence of Pw.1 as well as Pw.2 on oath before this Court and the failure of R.No.1 to appear
before this court and failed to challenge the case of complainants, so, this
court satisfy that complainants could prove that the R.No.1 deliberately failed to maintain complainants despite having sufficient means and earning hand some amounts as salary as a Doctor in U.K and also doing extra work. It is bounded duty and obligation of the R.No.1 to maintain his wife and children. It 16 DVC.No.06 of 2014 is the case is also for Maintenance, Protection of complainants, Compensation for the mental torture and emotional stress caused by R.No.1 and to pay monetary relief U/Sec.20 of this said Act to meet her basic necessities as well as to lead dignified and decent life by complainants. It is evident that Pw.1 and
R.No.1 living separately, so, it is a right of Pw.1 to obtain a order from the court to prevent R.No.1 or his relatives from subjecting the complainants to
Domestic Violence further. As per the contention of Pw.1 she prayed the Court to direct the R.No.1 to return of Gold and Silver ornaments and also
Rs.5,00,000/- amount which was given by them as dowry to R.No.1 along with
R.Nos. 2 and 3 and also given other household articles and stated that they are in the custody of R.Nos. 2 and 3, the said relief of U/Sec. 19(8) of the Act cannot be granted by this court as no bills or receipts of the same filed by
Pw.1 with regard to purchase of Gold and Silver ornaments, as there is no proof of the said Gold ornaments and also Silver ornaments as well as regarding dowry of Rs.5,00,000/- given to the R.No.1 along with R.Nos. 2 and 3 at the time of marriage, so it cannot be granted. The contention of Pw.1 that to restrain the R.No.1 from alienate or disposing the shared house situated at 17
Howard Road, Cambridge U.K and H.No.6-5-230/13 situated at Gandhinagar,
Secunderabad but with this regard Pw.1 did not file any document pertaining to ownership of alleged shared house which is at Cambridge U.K., so, this relief cannot be granted by this court. Since, Pw.1 failed to prove the same by any supportive documents and if order is passed regarding the same by this court there would be only lead to confusion and difficulty at the time of execution with regard to the property i.e., 17 Howard Road, Cambridge U.K and H.No.6-5- 230/13 situated at Gandhinagar, Secunderabad. Ofcourse the houses mentioned are shared household, as both of them had, in their matrimonial relationship, i.e., domestic relationship, resided together in above houses, so, only the complainants got right to reside in said houses.
17 DVC.No.06 of 2014
9. Having regard to the nature of harassment of the R.No.1 towards the complainants and the duration of such harassment and in view of the means available to the R.No.1 as per evidence of Pw.1 and also documents field by her regarding status of R.No.1 who is Doctor by profession and working in U.K in Bedford hospital and also doing additional work a part from working in hospital, so, this court is inclined to grant maintenance to Pw.1 and complainant Nos. 2 and 3 and Compensation to Pw.1. No supportive evidence produced by the complainant No.1 regarding to prove the Dowry amount, presenting Gold and Silver ornaments and no relevant documents or receipts regarding the same, so, no order passed by this court with regard to the return of said properties to Pw.1. No documents were filed regarding shared house and ownership certificate whether it is in the name of R.No.1 or with
R.Nos. 2 and 3 or regarding share of R.No.1 in any property. So, as specific property mentioned by Pw.1 that she is also willing to stay at the house at
Gandhi nagar vide H.No.6-5-230/13 situated at Gandhi nagar, Secunderabad as there is no contention from the other side, so, Pw.1 and complainant nos.2 and 3 are can stay at particular house mentioned herein and can share the house only. Having regard to the entire discussion made above, this court satisfied that the complainants could prove their necessity and entitlement to obtain the reliefs, no relief is granted to Pw.1 U/Sec. 19(8) of D.V Act (regarding Return of her Sridhana) and Sec.19(d) of the said Act(regarding alienating or disposing of said Properties).
10.In view of facts and circumstances and aforesaid discussion, this court found that Pw.1 has proved that complainants are entitled to claim Monthly
Maintenance, Compensation, Payment of rent or alternative arrangement for staying, Protection Order, Monetary relief to them as the R.No.1 is 18 DVC.No.06 of 2014 deliberately neglected to maintain Pw.1 and complainant Nos. 2 and 3 even after having sufficient means. Hence, this D.V.C is disposed of in the following terms:
IN THE RESULT:-
This Petition is Partly allowed.
1. AS PER SEC.18 OF D.V.Act:- PROTECTION ORDER:
IN FAVOUR OF THE AGGRIEVED PERSONS AND PROHIBIT THE
RESPONDENT NO.1 FROM:
a) Committing any act of Domestic Violence whenever the
Complainants visit the House bearing No.6-5-230/13,
Gandhinagar, Secunderabad and visit the House at 17-Howard
Road, Cambridge CB58QS-United Kingdom,
b) Further Respondent No.1 or his relatives Prohibits from aiding or abetting in the Commission of acts of Domestic Violence.
2. HOUSE/RESIDENTIAL ORDER AS PER SEC.19 OF D.V. ACT:-
a) Complainants are at liberty to visit the House at 17-Howard
Road, Cambridge CB58QS-United Kingdom and they can also
share the said house and reside there and also may visit the
House vide H.No.6-5-230/13 Gandhinagar, Secunderabad and
reside there.
b) Respondent No.1 is further directed to pay Rent of Rs.15,000/-
(Rupees Fifteen thousand only) to Complainant no.1 for every
19 DVC.No.06 of 2014
month and must pay on or before 10 th day of each calender
month (or) Respondent No.1 may secure same level of alternate
accommodation for the aggrieved parties as enjoyed by them in
any shared household as entitled by the Respondent No.1 and
must be suitable to their present life style.
3. MONETARY RELIEF AS PER SEC.20 OF D.V.Act:-
a) Respondent No.1 is directed to pay as sum of Rs.2,26,188/-
(Rupees Two Lakhs Twenty Six Thousand One Hundred and
Eighty eight only) towards expenses incurred by the Complainant
No.1 towards Treatment/Medical expenses, basic necessities,
Education to them etc., for herself and the Complainant nos.2
and 3 and same is granting under the Monetary benefit and
Respondent No.1 is further directed to pay the said Amount
within Three(03) months from the date of this Order.
b) Respondent No.1 further directed to pay a sum of Rs.75,000/-
(Rupees Seventy Five thousand only) to the Complainant No.1
and Rs.50,000/-(Rupees Fifty Thousand only) each to the
Complainant Nos.2 and 3 towards monthly Maintenance and
Respondent No.1 is directed to deposit the monthly Maintenance
to the Complainant Nos.1 to 3 on or before the 10 th day of each
Calender month from the date of this Order.
4. COMPENSATION ORDER AS PER SEC.22 OF D.V ACT:- 20 DVC.No.06 of 2014
Respondent No.1 is directed to pay a sum of Rs.20,00,000/-
(Rupees Twenty Lakhs only) to the Complainant No.1 towards
Compensation and damages and R.No.1 must pay the said
Amount within Three(03) months from the date of this Order.
5. Respondent No.1 further directed to pay Cost of Rs.25,000/-
to the Complainant No.1 for the Expenses incurred by
Complainant No.1 for filing of this Complaint. The Complainant
No.1 is directed to open a Bank Account from where she resides
and furnish the details to the Respondent No.1 enabling him to
deposit the Maintenance amount as well as other Monetary
benefits as granted above.
6. As regard to the Relief regarding Alienation and disposing of
the property at Cambridge as well as House at Gandhinagar,
Secunderarbad (as per complaint) against the Respondent No.1
stands dismissed.
7. The Office is directed to mark a copy of the Order to the
Protection Officer i.e., Project Director, District Women and Child
Development Agency, Adilabad for perusal and for
implementation of the Order.
8) The Office is also further directed to serve this copy to the parties free of cost as per Sec.24 of the D.V. Act.
21 DVC.No.06 of 2014
Dictated partly and partly typed to my dictation on computer by
Stenographer, transcribed by her, corrected and pronounced by me in the open court, on this the 10 th day of January, 2020.
FAC:SPL.JUDICIAL MAGISTRATE
OF FIRST CLASS, MOBILE(PCR),
ADILABAD.
: APPENDIX OF EVIDENCE :
WITNESSES EXAMINED ON BEHALF OF COMPLAINANT'S:
P.w.1: P. Bhavana Singh : Complainant no.1,
P.w.2: P. Mohan Singh : Father of complainant no.1.
WITNESSES EXAMINED ON BEHALF OF RESPONDENT No.1:
-None-
DOCUMENTS MARKED ON BEHALF OF COMPLAINANT'S:
Ex.P1: Certified copy of FIR in Crime No.53/2013 of WPS Adilabad,
Ex.P2: Treatment Certificate of Complainant No.1 dt:18.11.2013 issued by Dr. S. Jones, Cambridge,
Ex.P3: Marriage Certificate of the Complainant and Respondent no.1
dt:31.03.2004,
Ex.P4: Treatment Certificate of Complainant No.3 dt:15.03.2014 issued by Dr. M.Gowridevi, Asha Hospital, Hyderabad,
Ex.P5: Statement of arrangement of children filed by the Respondent in a Divorce proceeding in a Family Court, UK,
Ex.P6: School Fee receipt of Complainant No.2 for the academic year 2013-14 for Rs.63,600/- issued by Suchitra Education Trust, Hyderabad,
Ex.P7: Monthly School Fee receipt for Rs.1,000/- of Complainant No.2 issued by Suchitra Education Trust Hyderabad dt: 02.01.2014,
Ex.P8: Monthly School Fee receipt for Rs.48,858/- of Complainant No.2 issued by Suchitra Education Trust Hyderabad dt:28.02.2014,
Ex.P9: Medical Bill dt:31.12.2013 for Rs.400/- of Complainant No.3 issued by Apollo Hospital, Hyderabad,
Ex.P10: Air Ticket of Complainant No.1 from Hyderabad to UK
dt:19.04.2014 vide no.2174817563154 E-ticket number,
Ex.P11: Air Ticket of Complainant No.1 from London to Hyderabad 22 DVC.No.06 of 2014
dt:01.05.2014 vide no. 5895223860531 E-ticket number,
Ex.P12: Certified copy of Charge sheet in Cr.No.53/2013 of WPS, Adilabad,
Ex.P13: Certified copy of Order and Decree passed in GOP.No.189/2014 by Hon’ble Family Court, Adilabad,
Ex.P14: Certified copy of Order and Decree passed in FCOP.No.31/2014 by Hon’ble Family Court, Adilabad,
Ex.P15: Original copy of Admissions Fee receipt of Rs. 3000/- of Sharachandra Pawar Law College, Nanded of Complainant No.1,
Ex.P16: Original copy of Uni Exam Fee Receipt of Rs.565/- of Sharadchandra Pawar Law College, Nanded of Complaiant No.1,
Ex.P17: Original copy of Reg. Fee receipt of Rs. 100/- of Sharadchandra Pawar Law College Nanded of Complainant No.1,
Ex.P18: Original copy of Tution Fee receipt of Rs.2500/- of Sharadchandra Pawar Law College Nanded of Complainant No.1,
Ex.P19: Original copy of Unit Exam fee receipt of Rs.520/- of Sharadchandra Pawar Law College Nanded of Complainant No.1,
Ex.P20: Original copy of Fee receipt of complaint no.2 for Rs. 15,000/- of Suchitra Educational Trust,
Ex.P21: Original copy of Fee receipt of Rs. 49,130/- of Suchitra Educational Trust of Complainant No.2,
Ex.P22: Original copy of Fee receipt of Rs.9,983/- of Suchitra Educational Trust of Complainant No.2,
Ex.P23: Original copy of Fee receipt of Rs. 1000/- of Abhyasa International Residential School of Complainant No.2,
Ex.P24: Original copy of Fee receipt of Rs.1000/- of Abhyasa International Residential school of Complainant No.2,
Ex.P25: Original copy of Fee receipt of Rs.1,20,000/- of Abhyasa International Residential school of Complainant No.2,
Ex.P26: Original copy of Fee receipt of Rs.10,000/- of Aryabhatta International school Adilabad of Complainant No.2,
Ex.P27: Original copy of Fee receipt of Rs.8,000/- of Aryabhatta International school Adilabad of Complainant No.2,
Ex.P28: Original copy of Fee receipt of Rs.9,000/- of Aryabhatta International school Adilabad of Complainant No.2, 23 DVC.No.06 of 2014
Ex.P29: Original copy of Fee receipt for transportation for Rs.5,000/- of Aryabhatta International school Adilabad of Complainant No.2,
Ex.P30: Original copy of Fee receipt of Rs.9,000/- of Aryabhatta International school Adilabad of Complainant No.2,
Ex.P31:Original copy of Fee receipt of Rs.20,000/- of Chavara Academy Adilabad of Complainant No.2,
Ex.P32:Original of X-Ray films of Complainant No.2,
Ex.P33:Original Bill for Rs. 2,25,000/- of Neurogen Brain and Spine Institute stem Asia Hospital and Research Centre of Complainant No.3,
Ex.P34: Original Receipt for Rs. 3,000/- for consultation issued by Dr. Lall’s and D Trust of Chikitsya School for Autism for Complainant No.3,
Ex.P35: Original Receipt for Rs. 65,000/- for consultation issued by Dr. Lall’s and D Trust of Chikitsya School for Autism for Complainant No.3.,
Ex.P36:Original Fee receipt for Rs. 5,000/- of BMI Foundation for Complainant No.3,
Ex.P37:Original Admission Fee receipt for Rs. 28,200/- of BMI Foundation
for Complainant No.3,
Ex.P38:Original Fee receipt for Rs. 13,200/- of BMI Foundation for Complainant No.3, dt:4.6.2015,
Ex.P39: Original Fee receipt for Rs. 13,200/- of BMI Foundation for Complainant No.3, dt:8.6.2015,
Ex.P40: Original Fee receipt for Rs. 1,000/- of BMI Foundation of Complainant No.3,
Ex.P41: Original Fee receipt for Rs. 13,200/- of BMI Foundation of Complainant No.3,dt:7.7.2015,
Ex.P42: Original Fee receipt for Rs. 13,200/- of BMI Foundation of Complainant No.3, dt:5.8.2015,
Ex.P43: Original receipt for Rs. 13,200/- of BMI Foundation of Complainant No.3, dt:2.9.2015,
Ex.P44: Original Fee receipt for Rs. 13,200/- of BMI Foundation of Complainant No.3, dt:6.10.2015,
Ex.P45: Original Fee receipt for Rs. 13,200/- of BMI Foundation of Complainant No.3, dt:4.11.2015,
Ex.P46: Original Fee receipt for Rs. 13,200/- of BMI Foundation of Complainant No.3, dt:7.12.2015, 24 DVC.No.06 of 2014
Ex.P47: Original Admission Fee receipt for Rs. 15,000/- of Sparsh Special School Hyderabad of Complainant No.3, dt:3.10.2016,
Ex.P48: Original Tuition Fee receipt for Rs. 18,000/- of Sparsh Special School Hyderabad of Complainant No.3, dt:4.10.2016,
Ex.P49: Original Receipt for Rs. 350/- of Krishna Institute of Medical Science, Hyderabad of Complainant No.3,
Ex.P50:Original Receipt for Rs. 350/- of Krishna Institute of Medical Science Hyderabad of Complainant No.3,
Ex.P51: Original Receipt for Rs. 500/- of Rainbow Hospital Hyderabad of Complainant No.3,
Ex.P52:Original Receipt for Rs. 600/- of Rainbow Hospital Hyderabad of Complainant No.3,
Ex.P53: Original Receipt for Rs. 1650/- of Rainbow Hospital Hyderabad of Complainant No.3,
Ex.P54: Original Receipt for Rs. 500/- of Rainbow Hospital Hyderabad of Complainant No.3,
Ex.P55:Certified copy of Receipt for Rs. 5000/- of Rainbow Hospital Hyderabad of Complainant No.3,
Ex.P56:Original Psychological report National Institute for the Mentally Handicapped Secundrabad of Complainant No.3,
Ex.P57:Original Certificate of Phonics Multi specialty Medical Rehabilitation Centre Hyderabad of Complainant No.3,
Ex.P58:Original Consultation Fee for Rs.1,000/- of Yashoda Hospital, Hyderabad of Complainant.3,
Ex.P59:Original copy of Receipt of Rs.4200/- of Alpha MRI Centre for Complainant no.3,
Ex.P60:Original Receipt of Rs. 3000/- of Sushrut Hospital Chembur, Mumbai of Complainant No.3,
Ex.P61: Original Receipt of Rs. 9000/- of Sushrut Hospital Chembur, Mumbai of Complainant No.3,
Ex.P62:Original Rental Agreement deed at Hyderabad,
Ex.P63:Original Rental receipts (06) at Hyderabad,
Ex.P64: Original Fee receipt of Rs. 44,500/- of Complainant no.2 at Chavara Academy School, Adilabad dt: 07.05.2019,
Ex.P65: Original Fee receipt of Rs. 26,000/- of Complainant no.2 at Chavara Academy School, Adilabad dt: 21.6.2019.
25 DVC.No.06 of 2014
DOCUMENTS MARKED ON BEHALF OF RESPONDENT No.1:
-Nil-
FAC:SPL.JUDICIAL MAGISTRATE
OF FIRST CLASS, MOBILE(PCR),
ADILABAD.