SULOCHNA DEVI Vs. SUNITA RANI

JUDGEMENT

(1.) SUNITA Rani was married to Kamal Sharma on 12.8.90 according to Hindu rites at Ludhiana. Jaswant Rai is father-in-law. Sulochna Devi is mother-in-law and Meenu is sister-in-law i.e. husband's sister of Sunita Rani. According to Smt. Suntia Rani, her marriage ran into rough weather because of harassment and cruelty being inflicted upon her by her husband, father-in-law mother in law and sister-in-law. On 12.8.1990, the marriage of her cousin sister also took place at Ludhiana. It was a simple marriage performed in the absence of her parents without any prior programme. On 15.8.1990 about 40 persons came along with her at Patiala to at house of her parents where a sumptuous dinner was served to them and dowry articles and other gifts were given to her and her husband, father-in-law, mother-in-law and sister-in-law in the presence of relative and friends by her parents. At that time, her parents gave gifts to her also which were shown by her in Annexure attached to the complaint. Gifts made to her were entrusted to her father-in-law and mother-in-law. Some of the items were also entrusted to her husband and her sister-in-law as shown in the annexure attached to the complaint with details. At the time of such entrustment, it was made clear to them that these gifts were meant for her use and benefit and as and when she required to use them, those would be transferred to her as those gifts constituted dowry and her strdhan property. After marriage she co- habited with her husband in the house jointly occupied by him, his father, mother and sister. After marriage, they did not feel satisfied with the dowry she had brought in marriage. They continued to maltreat her. They continued treating her with cruelty and laying demand for more and more dowry. Such an atmosphere was created by their cruel treatment that it became impossible for her to stay in the matrimonial home. She had to leave her matrimonial home. Her husband father-in-law, mother-in-law and sister-in-law deprived her of the use of articles of dowry which were for her exclusive use and which had been entrusted to them. After marriage, an attempt was made by her husband to kill her twice or thrice. She was given beating once when she was pregnant. Due to beating, she suffered abortion. On these allegations, Sunita Rani instituted complaint against her husband, father-in-law, mother-in-law etc under Sections 406/498-A of the Indian Penal Code and sections 4 and 6 of the Dowry Prohibition Act.

(2.) AFTER holding preliminary enquiry into the allegations-complaint, Mrs. Rekha Mittal, Judicial Magistrate Ist Class, Patiala found that there were sufficient grounds to proceed againsts, the husband, mother-in-law, father-in-law under section 406/498-A I.P.C. and, therefore, they were ordered to be summoned for trial. Qua sister-in-law, complaint was dismissed.

(3.) SMT . Sunita Rani put in reply in denial to the allegations made in this petition.