SHASHIDHAR SUBBANNA Vs. VEENA MARAVANTHE

JUDGEMENT

(1.) Given the background that has culminated into these proceedings, the marriage between Shashidhara Subbanna (hereinafter referred to as 'husband') and Veena Maravanthe (referred to as 'wife') took place on 23.4.2008 at Bengaluru and it was registered on the same day in the office of Marriage Officer, Basavanaugudi, Bengaluru. The husband was employed at USA; he is a medical doctor and holds three post graduate degrees (MD) and was working as anesthesiologist. The wife is also a post graduate, an M.Sc (Physics). A few days after the marriage, the husband went to USA and the wife joined him later, she left India on 3.5.2008 with her father-in-law and motherin- law. According to the wife, when she was taken to Oralado by the husband for honey moon, the latter taunted her taking objections that the arrangements made in the marriage were not up to mark and that he did not get dowry to his expectation. He expressed unwillingness about the way the marriage was performed. Thereafter, bickerings started between them. There was mudslinging from either side. On 16.8.2008, the husband got his Green Card at USA, but there is an allegation by the wife that he did not process for obtaining Green Card for her. Since her Visa period was coming to an end, she had to return to Bengaluru. After her return to India, she was not allowed to reside with her mother-in-law and therefore she was forced to take shelter in the houses of her sister and brother. Husband visited India in July 2009; when wife went to live with him, she was abused badly for the reason that she did not bring diamond ear studs. He avoided his wife. By that time she was pregnant, she gave birth to a baby girl on 2.9.2009. The baby was named Shravya. It is alleged that the husband avoided his wife and used to say that he did not want his wife and child and he wanted divorce. He instituted proceedings for divorce in MC.3543/2009 in the Family Court at Bengaluru.

(2.) The wife approached women police station, Basavanagudi and as a result, an FIR for the offences punishable under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act came to be registered against the husband, his father and mother. The police laid charge sheet in the Court of II ACMM, Bengaluru, and consequently, the husband faced prosecution in CC 17019/2011.

(3.) The wife also instituted another proceeding under Section 12 of Protection of Women from Domestic Violence Act, 2005 ('Act' for short) which was registered as C.Misc.99/2010. She sought protection order under Section 18, residential order under Section 19 and interim maintenance of Rs. 50,000/- for herself and Rs. 20,000/- for her child under Section 20 and compensation of Rs. One crore under Section 22 of the Act.