SAU. ANITA AMBADAS Vs. AMBADAS

JUDGEMENT

(1.) In this revision application, challenge is to the judgment and order dtd. 17/8/2018 passed by learned Sessions Judge, Buldhana whereby learned Sessions Judge dismissed the appeal filed by the applicant against the judgment and order dtd. 13/1/2015, passed by learned Judicial Magistrate, First Class, 2nd Court, Buldhana. Learned Judicial Magistrate, First Class, by order dtd. 13/1/2015 had dismissed the application filed by the applicant under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the D.V.Act" for short)

(2.) Background facts : The applicant and the non-applicants belong to Vaidu community. Non-applicant nos.1 and 5 are the brothers. Deceased mother of the applicant was the sister of non-applicant nos.1 and 5. Non-applicant no.2 is the wife of non-applicant no.1. Non-applicant nos.3 and 4 are the children of non-applicant nos.1 and 2. Non-applicant no.6 is the son of non-applicant no.5. Non-applicant no.1 is the maternal uncle of the applicant.

(3.) According to the applicant, in Vaidu community, there is a custom of sate-lote (giving of daughter in marriage in families of two relatives). Marriage of the applicant was solemnized with non-applicant no.1 as per the custom of sate-lote in 1998. It is stated that marriage of the sister of non-applicant no.1 was solemnized with the father of the applicant. As per the custom of sate-lote, marriage of cousin of the applicant by name Gangabai was solemnized with non-applicant no.1. At that time, Gangabai was minor. She was not sent to the house of non-applicant no.1 for cohabitation. She resided with her parents. Non-applicant no.1, taking advantage of this situation, without knowledge of the applicants family, performed second marriage with non-applicant no.2 in 1983. Non-applicant no.2 begotten two children namely, non-applicant nos.3 and 4. The family of the applicant did not like this and therefore, divorce took place between Gangabai and non-applicant no.1. It is the case of the applicant that non-applicant no.1 was deeply hurt by this divorce. He, therefore, insisted that daughter from the applicants fathers family be given in marriage to him. After knowing reluctance of the family of the applicant, non-applicant no.1 insisted that the applicants father should give divorce to her mother. The mother of the applicant declined this suggestion of non-applicant no.1. It is stated that, therefore, the members of their Caste Panchayat came together and pressurized the parents of the applicant to perform her marriage with non-applicant no.1. When they refused to do so, non-applicants and their Caste Panchayat ostracized the family of her parents from the caste and community. An attempt was made to kill them. It is stated that by applying such pressure, the parents of the applicant were forced to perform her marriage with non-applicant no.1.