LAWS(MAD)-2015-4-383

SANTHANALAKSHMI AND ORS. Vs. R. JANANI

Decided On April 10, 2015
Santhanalakshmi And Ors. Appellant
V/S
R. Janani Respondents

JUDGEMENT

(1.) The accused A2 to A7 in DVA. No. 46 of 2013 on the file of the Judicial Magistrate No. VII, Coimbatore are the petitioners herein. The first petitioner herein is the mother-in-law, the petitioners 2 and 3 are the maternal grand parents of husband A1/Sripathi, the fourth petitioner is the close relative of the husband and the petitioners 5 and 6 are the brothers of the first respondent/husband of the respondent/complainant/Janani. The criminal original petition is filed to quash the proceedings in DVA. No. 46 of 2013 initiated against the husband and the petitioners herein by invoking Section 12 of the Protection of Women from Domestic Violence Act 2005.

(2.) The few facts admitted herein are that the respondent got married to A1/Sripathi on 13.03.2013 and after the marriage, they lived together in the matrimonial house upto 28.03.2013, on which date, the complainant was taken to her parents house and she was again taken back to the matrimonial house on 31.03.2013 and she returned to Bangalore on 01.04.2013 where she was employed and came back to her parents house on 06.04.2013 and thereafter left to Singapore to join her husband on 19.06.2013 and returned to India on 03.07.2013 and from that date onwards, the respondent complainant has been living with her parents.

(3.) The allegations raised in the complaint are that while the complainant was staying in the matrimonial house for few days, she was tortured by her husband and the mother-in-law was always scolding her at the instigation of other respondents, by demanding her to transfer the property owned by her in the name of her husband. The respondents always harassed her by demanding more dowry and she was treated as slave by the respondents and she was not helped by any one in the domestic work. The complaint further proceeds to say that while she was taken back to her parents house, the husband took back the valuables and A1 on 31.03.2013 went to the complainant house along with A2 and A3 and again demanded to transfer the property, failing which, threatened not to allow her to live with her husband A1/Sripathi and she was taken to the matrimonial house on the assurance that the transfer will be effected within short period and was again tortured and returned back to her parental house and she was brought back to her matrimonial house on 27.04.2013 and again was harassed to transfer the property standing in her name and she was not taken inside the airport when she went to the airport to see of her husband to Singapore and she was compelled to return to her parental house and again she was demanded Rs. 1,00,000/- by her husband and was fully neglected by the husband who according to the complainant having affair with various girls. She was sent to Singapore, she was again put to suffering by the acts of domestic violence caused by A1 and she was compelled to return back to India to her parents house and the husband returned to India on 03.07.2013 but did not take any steps to contact her and she was not informed about his return. Whileso, panchayat was held but ended in vain and the husband came to house on 07.08.2013 and scolded her with filthy language and the husband again came to her house along with the relatives who threatened her with dire consequences in filthy language and the same compelled the complainant to come forward with the complaint on 25.08.2014 before the All Women Police Station, Perur. On receipt of the complaint, the same was registered as CSR. No. 310 of 2013 and a report was called for from Social Welfare Officer and on the basis of the report dated 18.11.2013 from the social welfare officer to the police station on 21.11.2013, the case was registered in All Women Police Station, Perur Cr. No. 40 of 2013 against her husband, mother-in-law, grand father, grand mother, brothers Sivanandam and Varunbabu and one Kumar, who was the maternal uncle of her husband.