OM PARKASH SYNGAL AND ORS. Vs. ADITI GARG

JUDGEMENT

(1.) Two separate petitions have been filed by the petitioners who have been summoned in a complaint filed under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 titled as Aditi Garg vs. Sham Lal Garg and others bearing complaint No. 2688 of 2014.

(2.) Aditi was just 17 years old when she filed the complaint. The complaint had been filed through her father Arun Garg being the natural guardian. It was pleaded that she alongwith her grand mother, father and mentally retarded minor brother were residing in a shared household which was in the joint name of her grand mother and grant father while plot No. 41 was in the joint name of her father and grand father. It was pleaded that grand father was subjecting her to domestic violence since long and the demand of the share in the shared household was being denied. It was pleaded that the grand father himself entered into an agreement for the sale of Plot No. 41 without the signature of her father and grand mother and pressurized her father to sign the sale agreement and he refused to sign the agreement and it had annoyed respondent No. 1. It was pleaded that respondent No. 1 took advantage of the absence of her father as he was undergoing imprisonment in the case related to the death of her mother, under conspiracy and in active connivance with the other respondents started subjecting her and her grand mother to grave domestic violence. It was pleaded that the grand mother was looking after the grand children alone and when she could not tolerate the domestic violence and the harassment, she started living in the upper portion of the house alongwith them and respondent No. 1 continued the harassment by coming to the first floor and a complaint was made to the police in 2009. It was pleaded that when her father returned on completion of his sentence in August 2011 respondent No. 1 was annoyed with him and under pre-planned conspiracy raised unnecessary quarrels and abused them and stated that they were sucking his blood by taking monthly expenses and threatened to commit suicide. It was pleaded that the domestic violence increased and she was a victim of grave domestic violence. The petitioner had pleaded that she was entitled to Rs. 50 lacs as damages due to injuries including mental torture and Rs. 10,000/- per month as monthly relief.

(3.) The petition was filed in 2014. The Judicial Magistrate issued notice to all the respondents arrayed in the complaint. It is necessary to mention here that Om Parkash Syngal petitioner No. 1 has since died.