ERROL RODRIGUES Vs. U.T. CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) F.I.R. No. 139 dated 14.7.1999 has been registered at Police Station Sec. 26, Chandigarh, on the complaint of Neena Rodrigues, the wife of the petitioner. Apart from the petitioner, the other accused named in the complaint are (2) Eugene Rodrigues (father-in-law) (3), Effy Rodrigues (mother-in-law) (4), Edwin Rodrigues (brother-in-law) and (5) Shweta Rodrigues wife of Edwin Rodrigues. The material allegations found in the complaint are as follows :

(2.) The marriage of the complainant with Errol Rodrigues was performed on 6.5.1999. The complainant is actually an orphan, and she was brought up by a social institution and the family of Manmohan Bajaj, with whose help the marriage was performed. The dowry articles mentioned in Annexure P-1 were entrusted to Errol Rodrigues.

(3.) The complainant was working as a teacher while Errol Rodrigues (hereinafter referred to as the petitioner) was a music teacher in that school. Right from the beginning, the accused No. 1 to 4 were feeling that the dowry articles were not given according to their expectations. The petitioner started demanding the entire salary of the complainant, whereas the complainant used to pay only half of the salary. When the complainant refused to pay the whole salary, she was abused and beaten by the petitioner. Accused No. 1 to 4 used to torture the complainant under one pretext or the other and accused No.1 (petitioner) is being instigated by accused Nos. 2 to 4. The petitioner is a habitual drunkard. One day, accused Nos.1 to 4 tried to burn the complainant but she was saved by grace of God. The 5th accused instigated the other accused to torture the complainant. One day when the fourth accused tried to outrage the modesty of the complainant, the complainant told about the same to the petitioner but the petitioner beat her with a wooden log. The complainant got head injury. The accused No.1 to 5 tried to kill the complainant by giving her wrong medicines. The accused Nos. 4 and 5 investigate the petitioner to get the complainant declared mad, which is ground for judicial separation. In Sept. 1998 the complainant was beaten by the petitioner demanding money. When the complainant refused, accused No.1 to 5 threw her out of the matrimonial home, after snatching her baby. The complainant made several complaints about the accused to Police Station at Sector 26, Chandigarh, but no F.I.R. was registered. All the dowry articles are in the possession of accused Nos. 1 to 5 and have been misappropriated by them.The petitioner has filed a petition before the High Court for judicial separation from the complainant, which is pending for the last ten months.