LAWS(DLH)-2015-7-99

BABA JOGINDER SINGH Vs. AMANDEEP KAUR

Decided On July 09, 2015
Baba Joginder Singh Appellant
V/S
Amandeep Kaur Respondents

JUDGEMENT

(1.) CRL.M.C. 4661/2014

(2.) Brief facts of the case, as averred in the present petition, are that the petitioner is a religious type of person and is running his Dera under the name of Nanak Dukh Bhanjan Satsang Ghar, Umarpura, Tehsil Raikot, District Ludhiana, Punjab, who married with the respondent on 01.03.2007 according to Sikh Rites and Ceremonies. After their marriage, the petitioner and the respondent started residing at Dera Nanak Dukh Bhanjan Satsang Ghar. Out of the wedlock, a male child, namely, Jobanveer Singh was born on 20.06.2009.

(3.) As alleged, after marriage, behaviour of the respondent was not cordial with the petitioner, she started taunting the petitioner that she had been forced to marry with the petitioner, even otherwise she did not like him. The petitioner tried to make her understand many times but all in vain. In the month of January, 2013, the respondent left her matrimonial home with one Sewadar of Dera, namely, Gurpreet Singh @ Bittu. Thereafter, the respondent filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as "PWDV Act") against the petitioner alleging that behaviour of the petitioner was changed towards her and he started getting annoyed with her for no reason and used to taunt her. The petitioner started coming late from Dera and on being asked, the petitioner used to get offended. He forcibly locked the respondent in the building adjacent to Dera. In the month of April, 2008, the petitioner had given beating to the respondent and also abused her and told that he had married her only to get Waris for his Gaddi and immense wealth. He demanded that the respondent should give birth to a male child only. The petitioner gradually stopped meeting the respondent and used to come only to abuse and taunt her for not giving a male child. However, on 20.06.2009, the respondent gave birth to a male child named above. Despite, the petitioner never gave any money to the respondent for her well being and used to lock her in a room and assault her sexually as well as physically. After having remaining locked in a room for five years and unable to handle her pain and misery any more, petitioner gathered all her courage and with the help of two Sewadars, managed to escape from the room on 23.01.2013 leaving behind everything. It came to knowledge of the respondent that the petitioner has declared her minor son Jobanveer Singh as "Avtar of God" and is forcibly taking him to Satsang, where people are touching his feet and praying him.