KRISHNA BHATTACHARJEE Vs. SARATHI CHOUDHURY

JUDGEMENT

(1.) This petition is filed by the original complainant who had approached the Court of the learned Magistrate making grievances of ill-treatment and retention of Streedhan by her husband and his other family members. She filed a complaint on 22.05.2010 to the C.D.P.O., office of the District Inspector, Social Welfare and Social Education, West Tripura. A case was registered against the husband before the Judicial Magistrate 1st Class, Agartala. Complainant requested for return of the Streedhan. According to the complainant at the time of marriage she was given various articles and certain gold ornaments by way of Streedhan by her relatives of which the valuable articles and ornaments were taken away by the brother-in-law and his wife for safe keeping. Subsequently, matrimonial disputes surfaced between the parties. An attempt of settlement was made in presence of three lawyers. Pursuant to settlement the husband and wife started residing separately in the rented premises. She left for her parental home for a visit. When she returned to the rented house, she found that the door was locked. The landlady and her husband refused to open the door. According to the complainant cash of Rs.5,000 and some of her ornaments which were in the nature of Streedhan were lying inside an almirah in the said room. The husband never returned these articles upon which she had filed the said complaint for retrieving her Streedhan articles.

(2.) Complainant was examined as PW-1. In her deposition she had stated that the relatives of the husband had demanded dowry from her soon after marriage. She was also harassed by the family members. A few days after the marriage she was instructed to handover her ornaments to her sister-in-law which she had done which were never returned to her. She further stated that she had resided with her husband in a rented premises for about a month and twenty days after which she went to her parents house and returned after 3 or 4 days when she found that the rented room was locked. She was told that the husband had locked the room and taken away keys with him. She was cross-examined at length.

(3.) Complainant's brother Satyabrata Bhattacharjee was examined as PW-2. He stated that the gold ornaments of his sister were kept by her sister-in-law. PW-3 and PW-4 were the neighbours and they obviously did not have any personal knowledge.