SHELLY Vs. JOY JOHN

JUDGEMENT

(1.) The wife, aggrieved by the judgment in Crl.Appeal.Nos.244 and 269 of 2016 of the Additional District and Sessions Court, North Paravur against the order in Crl.M.C.No.1 of 2014 of Judicial First Class Magistrate Court-I, North Paravur has preferred these revisions.

(2.) Crl.M.C.No.1 of 2014 was filed by the wife invoking section 12 of the Protection of Women from Domestic Violence Act. According to her, the husband married her on 07.05.2008. It was her second marriage and in the earlier marriage, which had been terminated, she had a 16 year old daughter. One son was born in the second marriage. She was working as a nurse in Austria and thereafter both husband and wife lived in Switzerland, after the marriage, where she had got employment in the meanwhile. Husband also got employed in Switzerland. They earned substantial amount and several properties were purchased by them. In 2013, she was diagnosed with cancer and hence, she returned. The husband also left his employment and accompanied the wife to Kerala. They started residing in house No.284/II. It was alleged that while the spouses were in Switzerland, husband used to harass her physically and mentally. He was alleged to be a drunkard and spendthrift. It was stated that, on 24.12.2013, she was physically assaulted at the house in Kerala. She was assaulted by the husband, because when he demanded money, it was refused by the wife. She claimed that, she was taken to hospital and crime No.2352 of 2013 was registered. On 31.12.2013, she returned home from the hospital and found that the key of the almirah was missing. They opened the almirah with the help of a blacksmith and it was found that, all gold ornaments, documents and ATM card kept in the almirah had vanished. It was alleged that the husband had taken the above articles. It was alleged that she was harassed physically and mentally by the husband and his relatives. MC was hence filed against the husband, his sisters, brother-in-law and relatives of the husband. She sought a protection order, residence order, order for returning valuables and documents and a compensation of Rs.25,00,000.00 for the mental agony. She also sought monthly maintenance of Rs.6,000.00 for the child.

(3.) Husband appeared and filed detailed objection traversing and denying all allegations. It was stated that, both were employed in Switzerland and were living happily. After she was diagnosed with cancer, he resigned his job and both returned to Kerala. There was absolutely no physical or mental harassment and he was not a drunkard or spendthrift. He denied absolutely the allegations of domestic violence. It was also stated that the house and property in which they were residing were jointly owned by the husband and wife. He had not removed any article or any other item. The incident as alleged on 24.12.2013 had not happened and was only imaginary. She was taken to the hospital in connection with her cancer treatment. It was also stated that the relatives had no connection with the above allegations. It was further alleged that, her relatives were spoiling her.