K RAMARAJU Vs. LAKSHMI PRATIMA

JUDGEMENT

(1.) Criminal petition No. 179 of 2008 has been filed to quash DVC No. 7 of 2007 on the file of the Court of IX-Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur, Ranga Reddy District.

(2.) Criminal Petition No. 7311 of 2007 has been filed to quash the tentative order dated 16-8-2007 passed in the said case.

(3.) The factual background is that DVC No. 7 of 2007 was filed by the first respondent herein against the petitioner herein as well as the petitioner's son, who is the husband of the first respondent. The first respondent claimed in the said petition that she was legal wedded to petitioner's son on 6-3-2003 at which time her father gave a dowry of Rs. 7,00,000/- apart from gold jewellery etc. The first respondent claimed that she joined the petitioner's son in the matrimonial home after the marriage but she was being harassed by the petitioner, his wife and his other son for additional dowry and she was subjected to cruelty and mental agony. The first respondent also alleges about further incidents at the matrimonial home and she claimed that she was ultimately taken by her husband to her grand parents house near Palakole, west Godavari District, on the Christmas day of 2004 and was left there. The first respondent further claimed that on her report, the Court referred to the police and C.C.No. 662 of 2006 was filed under Sections 498-A, 406and 506 of Indian Penal Code as well as the provisions of Dowry Prohibition Act. The first respondent further claimed that she was not being allowed to enter into the house purchased by her husband where they were living till she was dropped at her grand parents house and she claimed a right of residence in the said house and right to get Rs. 5,000/- per month towards maintenance etc., and filed the petition for directions to provide shelter to her in the said family house, to provide maintenance at Rs. 5,000/- per month to her from December 2005, to restrain the petitioner herein and his son from alienating the said house property, to direct them to return the dowry paid in cash, gold etc., and to direct them to provide medical facilities to her.