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2018 Supreme(Mad) 2668

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
K.Gopika – Appellant
Vs.
S.Srinivasa Raja – Respondent
Crl.R.C.No.87 of 2018
Decided on : 09-04-2018

Advocates:
Advocate Appeared:
For the Petitioner: P.K.Ganesh, Adv.
For the Respondents: Mr.AR.L.Sundaresan, for G.V.Sridharan

Headnote:

Protection of Women from Domestic Violence Act - Section 23, 19, 20, 21 and 22 - Demand For Dowry - Huge Mental Agony Verbal Abuse - Petitioner herein got married to 1st respondent as per hindu rites and customs - After marriage spouses begin their matrimonial life at residence of 1st respondent along with her in-laws - Her marriage life was smooth till death of her father in law - Thereafter there was constant demand for dowry - Petitioner underwent huge mental agony verbal abuse from her husband and mother in law respondents 1 and 2 herein - All Respondents used to ill tune 1st Respondent to demand money Ten Lakhs from father of Petitioner for purchase of a residential flat in name of 1st Respondent - Petitioner was inflicted with huge harassment for same - Petitioner herein further stated that during Petitioner was demanded a dowry and parents of petitioner satisfied their demand by providing incurring huge debts beyond their level – Held, Perusal of papers filed by petitioner it is very much seen that 1st respondent is paying a sum of towards home loan - Further he also admits his income more than one Lakh - But on other hand petitioner is a housewife presently at care of her aged parents and undergoing severe ailments due to harassment of Respondents is not having any source of income to maintain herself - Power to grant relief can be granted at any stage of proceedings - Magistrate may on an application being made by aggrieved person pass an ex-parte order directing respondent to pay any interim monetary reliefs as prayed by Petitioner if circumstances warrants - Hence this court is of view that having established a prima facie case and there is no specific denial about salary income by 1st respondent - Therefore it is just and proper to direct 1st Respondent to pay a sum towards accommodation and towards food clothing medical and other basis amenities of Petitioner - Revision is allowed.

ORDER :

The short facts of the case are as follows:-

The petitioner herein got married to the 1st Respondent on 12.01.2010 as per Hindu rites and customs. After the marriage, the spouses begin their matrimonial life at the residence of the 1st Respondent at Madurai along with her inlaws. Her marriage life was smooth till the death of her father in law in the year September, 2011. Thereafter, there was constant demand for dowry. The Petitioner underwent huge mental agony, verbal abuse from her husband and mother in law, the respondents 1 and 2 herein. All the Respondents used to ill tune the 1st Respondent to demand money Ten Lakhs from the father of the Petitioner for purchase of a residential flat in the name of the 1st Respondent. The Petitioner was inflicted with huge harassment for the same.

2. The Petitioner herein further stated that during 2013 the Petitioner was demanded a dowry and the parents of the petitioner satisfied their demand by providing 5 lakhs incurring huge debts beyond their level. That apart, the 1st respondent had also withdrawn Rs. 3 lakhs from the joint account of the petitioner. The 1st respondent got his job transferred from Coimbatore to Chennai in the year 2014 and the couple stayed in a house near the residence of the respondents 3 and 4. At the instigation of the 2nd Respondent, the respondents 3 and 4 harassed the petitioner. The Petitioner was beaten and till date she could not recover from the lower back pain. The Petitioner was never taken care by the 1st Respondent as a dutiful husband.

3. Further, the 1st Respondent is very much suspicious character used to doubt the petitioner. He used to dictate the Petitioner to wear dresses as seen in the movies and also committed sexual torture. The respondents suppressed the defect of impotency before the marriage. The 1st Respondent is an impotent and the same was confirmed by various clinical tests and in this regard, huge expenses were incurred by the parents of the petitioner however, there used to be no co operation by the 1st Respondent for the treatment. Unbearable by the constant harassment at the hands of the Respondents, the petitioner even tried suicide.

4. The Petitioner herein further stated that the respondents given continue life threat in the event of initiating any legal actions against them. In the worst stage, the petitioner revealed everything to her parents. The Petitioner was not made to live in peace even a single day and that the respondents used to abuse the petitioner in filthy languages and the petitioner’s life was under peril. The 1st Respondent is a proved impotent person. He is the habit of consuming tablets to stimulate sexual activities upon the petitioner and thereby the physical condition of the Petitioner went to worst.

5. It is further stated by the Petitioner that the Petitioner was compelled to take up a job. Due to the health condition of the Petitioner she could not go for any job and for which also she was humiliated to a greater extent by pointing her as jobless by the respondents. The 1st Respondent working as sales executive in Pharma Company in the year 2010 and witnessed a good growth due to the support of the petitioner. The 1st Respondent made the Petitioner and her parents to spent huge money for IVF treatment but cunningly failed to attend the last stage process of the treatment. The Respondents with an malafide intention of eliminating the petitioner from their family, used soothing words to send the petitioner to her parental home. After amicable talks when the Petitioner reentered her matrimonial home, she was forcefully driven out from the house for want of dowry and threatening from the 2nd Respondent that petitioner is not the only girl in the world and she would marry number of girls to her son. Finally, the Petitioner lodged a police complaint against the Respondents before the All Women Police Station, Tambaram vide CSR.No.455 of 2017 dated 07.07.2017 and investigation are pending. The Petitioner





















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