LALITA RAHUL SURYAWANSHI Vs. RAHUL ARUN SURYAWANSHI

JUDGEMENT

(1.) Revision applicant in CRA No. 569 of 2016 hereinafter referred to as "Wife" have challenged the impugned order passed by Courts below to the extent of monetary relief under Section 20(1)(a) of the Domestic Violence Act (herein after referred as to 'D.V.Act'). Whereas revision applicants in CR No. 480 of 2016 have challenged the impugned orders passed by the Courts below. These proceedings arise out of application filed by wife under section 12 of Protection of Woman from Domestic Voilence Act, 2005 (hereinafter called as "D.V.Act").

(2.) Wife (revision applicant) in CRA No. 569 of 2016 had preferred an application/complaint under the Domestic Violence Act viz CC 219/N/2011. In the said application it was stated that the applicant (wife) was married to Respondent No.1 on 12th December, 2009, according to Hindu Religious rites and customs. After the marriage she joined matrimonial home with husband and other opponents at B-302, Mohan paradise, Phase-1, Near Nilkantha Park, Khadakpada, Kalyan, Dist. Thane. The husband used to quarrel with wife on account of mobile phone numbers of several persons stored in her mobile phone. Husband used to taunt her as characterless. Husband kept on taunting her before his relatives who were also residing at the said matrimonial house from 22nd December, 2009 to 8th January, 2016. Revision applicant surrendered her mobile phone to husband and she did not operate the same. Thereafter, phone was handed over to her. She gave it for repairs. Husband then kept on making inquires about the person whose number were stored in the mobile phone of the revision applicant and also about her e-mail address and e- mail exchanged with her. The applicant explained her husband that she was acquainted with said person in group of friends marriage at Kolhapur where telephone numbers were exchanged. She also disclosed about other persons who had proposed her for marriage which was turned down by her and since they were not in good terms on account of refusal of proposal of marriage by the revision applicant they were sending dirty e-mails. However, she was continuously tortured physically and mentally. The husband called the parents of the revision applicant and meeting was held on 30th January, 2011. The opponents complained about the character of revision/applicant to her parents and passed objectionable remarks about her chastity. The respondent No.1 also told the revision/applicant to leave the house with her parents immediately. Revision/applicant then went to her matrimonial home. She was ill and totally disturbed due to mental harassment and she had no choice but to leave with her parents. The husband then tried to compromise with the applicant wife on the condition that she should loose her mobile and also employment and joined the matrimonial home. Applicant wife joined her matrimonial home on 16th May, 2010. The respondent No.1 husband told her that she should leave the job and stop operating her cell phone. She resigned from job on 17th May, 2010. Inspite of that harassment continued, the husband also told her to being two gold bangles and gold nathani from her parents. Even thereafter she was continuously harassed by opponent. The husband has also assaulted her by giving blow on her chest. Opponents keeps on taunting the revision/applicant. The respondent No.1 also insisted that she should leave the home on her own accord. The applicant lodged the complaint with Mahatma Phule Police Station on 13th September, 2010 under Section 323, 504, 506 of Indian Penal Code. Respondent No.1 was called at the police station. The respondent No.1 had agreed that he would bring his wife back to matrimonial home within one week and hence police did not take cognizance of the complaint and registered his case as non- cognizable offence. The respondent No.1 then sent legal notice through his advocate making false and frivolous allegations and asking her whether she is willing to go for divorce by mutual consent. Said notice was sent on 8th November, 2011. On 22nd November, 2011, the revision applicant/ wife filed the application under Section 12 of the Domestic Violence Act. She had prayed for monetary relief under Section 20 of the Domestic Violence Act for loss of job and her earnings of Rs.15,000/- per month. She had also prayed of Rs.1,00,000/- as compensation for injuries to physical pain and mental torture faced by her. Respondent filed reply to the said application denying the contention of revision/applicant. The revision applicant wife also preferred an application to grant interim order under Section 23 of Domestic Violence Act and read with Section 20 of Domestic Violence Act. The Court then proceeded to record the evidence. After recording the evidence, order dated 27th October, 2015 passed by the trial Court.

(3.) Learned Magistrate by order dated 27th October, 2015 directed the respondent to pay Rs.5000/- per month to the wife towards maintenance and Rs.5000/- per month towards rent from the date of filing of application i.e from 22 nd November, 2011. Respondent No.1 also directed to pay compensation of Rs.50,000/- to the wife in lumpsum.