METROPOLITAN MAGISTRATE denies Maintenance in DV Act in-spite of Respondent Husband Pleaded Guilty.
Interesting thing is that the Respondent pleaded guilty to all charges alleged by the Petitioner -wife, owing to the medical condition of the Respondent. And the Respondent still have been absolved of all charges of domestic violence.
The Respondent have been asked to pay financial compensation to child keeping the status quo of the interim orders on CrPC 125 guidelines at 10k pm and to return stridhan articles or pay 5 lacs in lieu of the stridhan.
One very interesting thing is that all the vile and filthy allegations by the Petitioner-Wife did not amount to domestic violence in the first place in the opinion of the judge. Not sure of the logic of her reasoning, but I am not complaining.. 🙂
I am sure this is the first of some interesting judgments which will follow regarding this case. This one might be helpful to others facing vile allegations in DV, which most people are.
IN THE COURT OF MS.PURVA SAREEN, METROPOLITAN MAGISTRATE
MAHILA COURT (SOUTH WEST), DWARKA COURT, NEW DELHI
CC No.856/1 (Date of filing 16.11.2010)
U/S 12 of PWDV Act PS Dwarka
Shilpa Kalia W/o Sh.Manav Kalia
D/o Sh.Ved Prakash Batra
R/o D-204, Anusandhan Apartments,
Plot No.22, Sector 6, Dwarka,
New Delhi …..Petitioner
Manav Kalia S/o Sh.S.C. Kalia
R/o A-101, Ture Friends Apartments
Plot No. 29, Sector 6, Dwarka
New Delhi …..Respondents
1. The facts of the present case are as follows :-
2. The marriage of the complainant and respondent took place on 29.11.2003 and out of said wedlock one male child was born on 16.03.2005. As alleged, the respondent demanded dowry from the complainant and started beating and torturing her for not completing his demands. At the time of marriage the complainant was working with Sahara Airlines as In Flight Supervisor and was getting Rs.28,000/- per month as salary. The respondent at the time of marriage was working with his father in his company in the name of M/s Energy Ventures at 1249, Sector A, Pocket B/C, Vasant Kunj, New Delhi.
3. It is alleged by complainant that respondent was a habitual drinker and did not allow her many times to go on duty and used to come back in middle night in drunken state which affected the official life of complainant. As a result the complainant lost her job with Sahara Airlines and subsequently started working with Energy Ventures belonging to her father in law and was being paid Rs.5,000/- per month. The complainant also became pregnant at that time but the respondent did not stop harassing the complainant and demanded money from her parents. Thereafter, the complainant and respondent shifted to their own house at Flat No.17, Flot No. B-23, Ashwaryam Apartments,
Sector 4, Dwarka, New Delhi. Meanwhile, the respondent decided to do
a job in MNC in Gurgaon and shifted to a rented accommodation at Gurgaon.
4. The complainant was paying the rent of that house and soon she got a job in Max New York Life Insurance Company, Gurgaon. It is further alleged even after so many years of marriage the respondent did not change and on one night the respondent turned the complainant and the child out of the house without any rhyme or reason which was most humiliating for the complainant. In the month of January 2009 the respondent suffered a stroke and his right side was effected.
5. In March 2009 the mother of the respondent took him to Dwarka to her own house and on 14.07.2010 the respondent started asking for divorce. On the promise of father in law that he would return the entire stridhan articles and give a lumpsum deposit for the child, she agreed to enter into mutual divorce but when he did not fulfill his promise the said petition was dismissed and withdrawn.
6. It has been alleged that the respondent owns numerous properties in Delhi which are worth several Crores whereas the complainant was working with Presidium Gurgaon and earns Rs.40,000/- per month. It is further alleged that the respondent has no other liabilities but to maintain the complainant and her child and seeks maintenance of Rs.40,000/- per month in order to maintain herself as per standard of the respondent and prayed for Rs.25,000/- per month for maintenance of the child. She has also prayed for return of stridhan artciles. She further asked for residence order in the form of Rs.3.5 lacs as rent
already paid by her and further Rs.1 lac as litigation expenses. She further sought Rs.80 lacs as compensation and restrained order against the respondent to come within periphery of the house of the complainant and school of the child.
7. The allegations are denied by the respondents in the reply stating that he has done his engineering MBA from top institution. The marriage was a dowry less marriage and after the birth of the child the attitude of the complainant completely changed. She started fighting with the respondent on trivial issues and never respect the parents of the respondent and used to quarrel with them. Later on, the respondent came to know that the complainant has an affair somewhere. In May 2008, the respondent met with an accident and suffered leg injury due to which he was confined to bed and at that time the complainant asked the son to hit on the leg of the respondent and due to said injury the
respondent could not work and had to resign from the job.
8. In January 2009 the respondent had a brain stroke due to which his right side of the body became paralyzed which affected his speech and movement. The respondent therefore became totally dependent upon his parents and was not able to do his job. It is further stated by respondent that the complainant used to keep talking to her friend Anuj Ahuja and never cared for ailing respondent and used to hit and beat up the respondent.
9. As to the income, it has been stated by respondent that due to his physical incapability he is not in a position to harm or hit anybody and it was vehemently denied that he has own property of worth several Crores in Delhi and due to stroke not able to work and maintain the complainant and child.
10. After completion of pleading, interim order was passed by ld. Predecessor Court and granted Rs.10,000/- per month as maintenance to the child.
11.It has been stated by respondent in the court on the last date of hearing that he wanted to plead guilty owing to his medical condition and has prayed that keeping in view his medical condition order should be passed and he shall comply with whatever order the court passed in favour of him or against him.
12.Keeping in view the plea of guilt of accused and no willingness to lead any defence evidence, the previous order passed by ld. Predecessor Court stands as it is. The respondent is directed to continue paying Rs. 10,000/- per month to the child by the 10th of every month to be deposited in the bank account particulars of which communicated by Protection Officer to Respondent at the stage of interim order.
13.The arrears of maintenance be cleared within three months of passing this order. The respondent is further directed to return all the stridhan articles of the complainant back to her or in alternate pay Rs.5 lacs to her. No order as to the compensation is made as there is no averments of any incidents of domestic violence made by complainant in her compliant. No further order as to the residence is passed for by the complainant.
14.Complaint accordingly stands disposed off.
15.File be consigned to record room.
Announced in the open court (PURVA SAREEN)
on 13th July 2012 METROPOLITAN MAGISTRATE
(SOUTH WEST) MAHILA COURT, DWARKA