LEENA NARWANI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners have assailed order dated 27th August, 2013 passed by the learned Assistant Sessions Judge, Shillong in Sessions Case No. 21 of 2013 whereby the application, challenging the jurisdiction to try the case, filed by the petitioners (accused Nos. 2, 3 and 4 before learned trial Court) was dismissed.

(2.) Succinctly stated, the facts of the case are that Smt. Prerna Narwani lodged a complaint on 5th April, 2013 to the A.S.P. (Crime) East Khasi Hills District, Shillong. The complainant stated that she was married to Shri. Vivek Narwani, who is a resident of Mumbai, on 14th December, 1999. Her parents incurred huge expenses at the time of the engagement ceremony, mehandi ceremony, ring ceremony and wedding ceremony. Her parents gave gifts (stridhan) to her at the time of her marriage in the form of gold, ornaments, diamonds, silver articles and many other expensive gifts and household items totalling more than Rs. 25 lakhs which are all in the custody of her in-laws. Soon after marriage, her husband and his parents, namely Shri. Raj Narwani and Smti. Leena Narwani, started ill treating her with severe mental and physical cruelty with the demand of dowry. After marriage, she realised that her husband is an alcoholic, a professional gambler, a person of immoral character and a womanizer. Her husband used to beat her by the active support and participation of his parents. During the month of December, 2000, her husband even tried to kill her by pushing her out of a running car, for which she had undergone treatment at Nanavati Hospital. In the year 2001, she had conceived and her mother-in-law started pressuring her to find out the sex of the child and because of her constant harassment, in the fifth month, she found out the sex of the child to be female. When she came to know of the same, her mother-in-law got totally furious and forcefully took her to the doctor to abort the child as she wanted only a male child. Though, the doctor informed that it is very dangerous to abort the child at this stage, her mother-in-law took her to a quask at a private clinic and set up her abortion. Her father-in-law and husband were also party to the same. Before the birth of her second daughter, she had to undergo another abortion as the fetus was a female. She was compelled to move to another house at Blue Mountain, Shastri Nagar, Mumbai which was co-owned by her father-in-law and her husband. The interference of her in-laws remains as it was and they along with her husband continued to ill treat her and her daughters. Her husband and in-laws are continuously insisting her to consent for divorce and to allure her to achieve their ends. In October, 2010 her in-laws gifted a flat No. 2105, Blue Mountain at Shastri Nagar to her, and later, a sum of Rs. 25 lakhs was gifted to her elder daughter Ritisha and now they are forcing her to give consent for mutual divorce as they have made separate provisions for her and her daughters. Her husband and in-laws desperately want a divorce so that they can arrange for a second marriage of their only son, with the hope of having a male issue. She has also alleged that ultimately her husband and her in-laws, along with her sister-in-law Jharna Narwani, set their norms that since she had not given her consent for divorce, her father must return the price of the flat and money. Since, the gifts of flat and money cannot be revoked, they forced her to go back to Shillong for realization of the money from her father. In Shillong, she and her father are receiving frequent calls from her husband, her in-laws, her sister-in-law Jharna Narwani, and from other unknown phones and also some unknown caller is carring her on their behalf that without the money she should not dare to go back to Mumbai, and they told her father that unless their demand is fulfilled, they shall kidnap her daughters for ransom through a hired person. She was unable to arrange the huge amount to fulfil the demands of her husband and in-laws and she also cannot go back to Mumbai to join her daughters who are in the temporary custody of her mother. Her husband and in-laws are dangerous and desperate in nature and they will not hesitate to cause harm to her, her father and/or her daughters. On the basis of said complaint, P.S. case No. 94(4) 13 under Section 498-A/506 of Indian Penal Code (hereinafter refer to as "IPC") read with Section 4 of Dowry Provision Act, 1961 was registered at Sadar Police Station, Shillong.

(3.) After investigation, a charge-sheet for the offence under Section 498-A/506/313/315/326, IPC read with Section 4 of Dowry Provision Act, 1961 dated 26th June, 2015 against accused persons namely Shri. Vivek Narwani, Shri. Raj Narwani, Smti. Leena Narwani and Miss Jharna Nirwani was filed.