LAWS(DLH)-2016-9-12

BABITA @ KAVITA Vs. STATE & ORS.

Decided On September 09, 2016
Babita @ Kavita Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) In Crl.M.C.No.46/2013 Babita is aggrieved by the order absolving Ved Prakash and Hira Devi in proceedings under Protection of Women from Domestic Violence Act, 2005. In Crl.M.C.No.2637/2014 her grievance is to anticipatory bail granted to respondents No.2 to 5 who are : Ram Prasad, his wife Laxmi Devi, Ved Prakash and his wife Hira Devi.

(2.) The marriage between Babita @ Kavita and Manoj Kumar was solemnized on May 01, 2006 as per Hindu Rites and Customs in New Delhi and they proceeded to reside at the matrimonial home being House No.278, IInd Floor, Masjid Moth, New Delhi -110049.

(3.) It is the case of Babita that at the time she married Manoj it was represented that Ram Prasad and Laxmi Devi are his parents and Ved Prakash and Smt.Hira Devi were introduced as the brother and sister -in -law respectively of Smt.Laxmi Devi. At the time of marriage, the complainant's father gave various articles and a sum of Rs.2 lakhs as part of stridhan to Ram Prasad and Laxmi Devi. That she was repeatedly beaten and abused by the respondents collectively for having failed to fulfill their demand for dowry in sum of Rs.15 lakhs. Ved Prakash and Hira Devi would regularly visit the matrimonial home and humiliate and give beatings to the complainant for having failed to give birth to a son and for bringing inadequate dowry. She was subjected to beatings and mental torture at the hands of the respondents on May 09, 2007, July 21, 2008, September 18, 2011 and October 16, 2011. On August 20, 2008, she discovered that the respondents had concealed material information about their identities. She discovered that her husband was actually the adopted son of Sh.Ram Prasad, and Smt.Laxmi Devi and that Sh.Ved Prakash and Smt.Hira Devi, who were introduced as relatives of Smt. Laxmi Devi were the biological parents of her husband. On September 18, 2011, the respondents threatened to kill her and she was forced to leave her matrimonial home.