SEEMA KUMARI Vs. STATE & ANR

JUDGEMENT

(1.) The petitioner was married to the second respondent on 22.02.2011 as per Hindu Rites and Ceremonies in New Delhi. Out of their cohabitation, a girl child took birth on 01.04.2012. It appears the marital relations turned sour and the petitioner (the wife) was constrained to approach the Crime against Women Cell (CAW) on 08.10.2013 with allegations of she having been subjected to cruelty on account of illicit demands of dowry by the second respondent (the husband). The said complaint eventually resulted in first information report no. 626/2014 being registered by police station Badarpur on 24.10.2014 involving offences under Sections 498A/406/34 IPC. The said case is pending trial against the second respondent (the husband).

(2.) While the aforementioned complaint was pending inquiry, the second respondent (husband) presented a petition under Section 9 of Hindu Marriage Act,1955 on 30.07.2013 against the petitioner wife. On 24.12.2013, some tentative settlement took place in terms of which the petitioner wife agreed to live with the respondent/husband in the matrimonial home i.e. Mayur Vihar, New Delhi. It is stated by the wife that on 24.01.2014, she was taken by the husband to a rented premises and not to the matrimonial home in Kotla Village where she was again subjected to cruelty during the continued cohabitation. Thereafter, the petitioner /wife again conceived, the pregnancy being about 14-16 weeks old sometime around 28.06.2014.

(3.) On 28.06.2014, the wife was taken to Lal Bahadur Shastri Hospital Khichripur at about 1.45 a.m. in the night with history of assault. It appears that she had suffered incised wound on the left wrist joint. She accused the husband of having caused the said injury and, on her complaint, supported by the observations in the medico legal report, the police registered FIR no. 502/2014 involving offence under Section 324 IPC. The petitioner remained in hospital till she was discharged on 04.07.2014. On 05.07.2014, she was again brought to the hospital with complaint of bleeding per vagina. Some treatment was administered but the pregnancy did not last and there was miscarriage on the next day, in the hospital. The petitioner/ wife had alleged physical assault and the police added the offence under Section 315 IPC to the FIR No. 502/2014 on the basis of supplementary statement recorded on 14.07.2014, the gravamen whereof would be that it was the husband who had committed certain acts (physical assault) with intent to prevent the child from being born alive.