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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
P.S. Rana, J.
Sanjeev Attri – Petitioners
Versus
Ruchi Attri - Non-petitioner
Cr. MMO No.206 of 2015
Decided On : 21-07-2016
Protection of women from domestic violence act 2005 - Allegations of mental and physical torture, dowry demands, and domestic violence - Sections 18, 19, 20, and 22 - The court affirmed the protection orders, residence orders, monetary reliefs, and compensation orders granted by the Trial Court, dismissing the petition filed under Section 482 of the Code of Criminal Procedure 1973 read with Article 227 of the Constitution of India.
Fact of the Case:
The wife filed a complaint alleging mental and physical torture, dowry demands, and domestic violence by her husband and in-laws. The Trial Court granted protection, residence, monetary, and compensation orders in her favor. The husband and others filed an appeal, which was dismissed, leading to the present petition.
Finding of the Court:
The court found the testimonies of the wife and her father to be trustworthy and reliable, rejecting the defense's arguments of contradictions and discrepancies. It upheld the protection, residence, monetary, and compensation orders, emphasizing the legal right of a married woman to reside in her matrimonial house with dignity and honor.
Issues: Allegations of mental and physical torture, dowry demands, and domestic violence; Reliability of testimonies; Validity of protection, residence, monetary, and compensation orders.
Ratio Decidendi: The court relied on the testimonies of the wife and her father, emphasizing the legal rights of a married woman and the prohibition of domestic violence. It upheld the orders based on the proved facts and the income of the husband.
Final Decision: The petition filed under Section 482 of the Code of Criminal Procedure 1973 read with Article 227 of the Constitution of India was dismissed, affirming the orders granted by the Trial Court. The files were sent back to the Trial Court and the First Appellate Court, and certified copies of the order were supplied to the parties and concerned authorities.
P.S. Rana, J.
Present petition is filed under Section 482 Code of Criminal Procedure 1973 read with Article 227 of Constitution of India against the order of learned Additional Sessions Judge-II Shimla (H.P.) whereby appeal filed under Section 29 of Protection of women from domestic violence act 2005 is dismissed and protection order passed by learned Trial Court is affirmed.
Brief facts of the case:
2. Smt. Ruchi Attri wife of Sh. Sanjeev Attri filed complaint under Section 12 of Protection of women from domestic violence act 2005 alleged therein that Smt. Ruchi Attri is legally wedded wife of Sh. Sanjeev Attri and Sh. Karam Chand is father-in-law of Smt. Ruchi Attri and Smt. Satya Devi is mother-in-law of Smt. Ruchi Attri and Sh. Rajneesh is brother-in-law of Smt. Ruchi Attri and Smt. Gunjan is sister-in-law of Smt. Ruchi Attri. It is alleged that marriage of Smt. Ruchi Attri was solemnized with Sh. Sanjeev Attri on 30.11.2010 in accordance with Hindu rites and customs. It is alleged that for some time married life of Smt. Ruchi Attri remained without trouble but thereafter Sh. Sanjeev Attri and his family members taunted Smt. Ruchi Attri for bringing insufficient dowry. It is alleged that Smt. Ruchi Attri was mentally tortured in her matrimonial house. It is alleged that thereafter Smt. Ruchi Attri came to her parental house at Shimla and resided till 12.01.2011. It is alleged that husband of non-petitioner namely Sh. Sanjeev Attri came to Shimla to take her back from Shimla. It is further alleged that Sh. Sanjeev Attri inquired from Smt. Ruchi Attri regarding grant of money from parents of Smt. Ruchi Attri for purchase of car. It is further alleged that Smt. Ruchi Attri informed her husband that she could not talk with her parents regarding grant of money for purchase of car. Thereafter Sh. Sanjeev Attri became annoyed and also rebuked Smt. Ruchi Attri. It is further alleged that Smt. Ruchi Attri was mentally tortured in her matrimonial house for not bringing sufficient dowry. It is further alleged that Sh. Sanjeev Attri and his family members forced Smt. Ruchi Attri to pay installments of car and also forced to hand over all the savings which she has collected before marriage. It is further alleged that Sh. Sanjeev Attri and his family members used to take entire amount of salary and Smt. Ruchi Attri was forced to take tuition work. It is further alleged that in matrimonial house Smt. Ruchi Attri was slapped and was also called by name ‘Randi’ (Prostitute). It is further alleged that in the month of August 2011 Smt. Ruchi Attri became pregnant and on coming to know about pregnancy Sh. Sanjeev Attri and his family members compelled Smt. Ruchi Attri to commit abortion on the pretext that they could not bear day to day expenses of child. It is further alleged that Sh. Sanjeev Attri and his family members also demanded lump sum money for minor children. It is further alleged that Smt. Ruchi Attri was also beaten in her matrimonial house and was badly injured and her mobile was also broken. It is further alleged that in the month of October/ November 2011 Sh. Sanjeev Attri and his family members started construction of new house and forced Smt. Ruchi Attri to bring money from her parental house. It is further alleged that Smt. Ruchi Attri was treated as domestic servant in her matrimonial house. It is further alleged that Sh. Rajneesh brother-in-law also misbehaved with Smt Ruchi Attri. It is further alleged that on 19.04.2012 Smt. Ruchi Attri was blessed with a daughter and thereafter Smt. Ruchi Attri was harassed in her matrimonial house on one pretext or the other. It is further alleged that Smt. Ruchi Attri was also beaten in her matrimonial house several times. It is further alleged that Sh. Sanjeev Attri is a Government servant and is drawing salary amounting to Rs.27,500/- (Twenty seven thousand five hundred) per month. It is further alleged that Sh. Sanjeev Attri did not provide any maintenance to Smt. Ruchi Attri
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