SHINY VERMA BAKSHI Vs. DR. GURNEET SINGH BAKSHI

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for setting aside order dated 24.09.2020 passed by learned MM (South-West)-4, in M.C. bearing No.140/2020 and seeking enhancement of maintenance granted to the petitioner.

(2.) Learned Senior Counsel for petitioner submits that petitioner/wife got married to respondent No.1/husband on 26.12.2018 in a five-star hotel, organized by the family of petitioner due to persistent demands by respondents because it was within knowledge of the respondents that petitioner is a divorced lady, but they did not have any objection to it. Petitioner is a housewife with no independent income whereas respondent No.1 is a Doctor at Sir Ganga Ram Hospital with an admitted salary of Rs.92,000/-. Respondent No.1 also earns additional income through consultancy and interest from various FDRs which has not been disclosed by him. The mother of petitioner is also a housewife whereas father of petitioner was 100% paralyzed and disabled for last about 20 years and during pendency of the present lis, father of petitioner succumbed to COVID-19 and passed away. The brother of petitioner is married and living separately in Australia. Respondent No.3 (father-in-law) is a retired Engineer with sufficient sources of income and respondent No.4 (mother-in- law) is a Senior Professor in Delhi University with a handsome salary. Family of respondent No.1 leads a luxurious lifestyle and admittedly, he is not required to maintain his parents or any other relative.

(3.) Learned Senior Counsel appearing on behalf of the petitioner has submitted that after the marriage, respondents started ill-treating the petitioner, complaining of inadequate dowry brought by her, especially since respondent No.1 is a doctor and thus, could have easily fetched more dowry. So much so, respondent No.1 physically assaulted the petitioner and also sent abusive messages to the mother of petitioner while demanding Rs.70 lacs or Audi Q7 car out of the compensation received by the father of petitioner in his Motor Accident Claim, failing which, she would be thrown out of her matrimonial home. Accordingly, on said account, petitioner filed her complaint before National Commission for Women (NCW) on 03.06.2020 against the physical and mental abuse by respondents. Since the mental and physical torture of petitioner by respondents continued, the petitioner was constrained to file a complaint under Section 12 r/w Sections 17/18/19/20/22 of Protection of Women from Domestic Violence Act, 2005 against the respondents herein. On 24.09.2020, the learned Mahila Court was pleased to pass the impugned order wherein an interim maintenance of Rs.8,000/- per month was awarded in favour of petitioner herein. Learned Court also restrained the respondents from dispossessing the petitioner from her matrimonial home.