SANJEEV ATTRI Vs. RUCHI ATTRI

JUDGEMENT

(1.) Present petition is filed under Section 482 Code of Criminal Procedure 1973 read with Article 227 of Constitution of India against the order of learned Additional Sessions Judge-II Shimla (H.P.) whereby appeal filed under Section 29 of Protection of women from domestic violence act 2005 is dismissed and protection order passed by learned Trial Court is affirmed. Brief facts of the case:

(2.) Smt. Ruchi Attri wife of Sh. Sanjeev Attri filed complaint under Section 12 of Protection of women from domestic violence act 2005 alleged therein that Smt. Ruchi Attri is legally wedded wife of Sh. Sanjeev Attri and Sh. Karam Chand is father-in-law of Smt. Ruchi Attri and Smt. Satya Devi is mother-in-law of Smt. Ruchi Attri and Sh. Rajneesh is brother-in-law of Smt. Ruchi Attri and Smt. Gunjan is sister-in-law of Smt. Ruchi Attri. It is alleged that marriage of Smt. Ruchi Attri was solemnized with Sh. Sanjeev Attri on 30.11.2010 in accordance with Hindu rites and customs. It is alleged that for some time married life of Smt. Ruchi Attri remained without trouble but thereafter Sh. Sanjeev Attri and his family members taunted Smt. Ruchi Attri for bringing insufficient dowry. It is alleged that Smt. Ruchi Attri was mentally tortured in her matrimonial house. It is alleged that thereafter Smt. Ruchi Attri came to her parental house at Shimla and resided till 12.01.2011. It is alleged that husband of non-petitioner namely Sh. Sanjeev Attri came to Shimla to take her back from Shimla. It is further alleged that Sh. Sanjeev Attri inquired from Smt. Ruchi Attri regarding grant of money from parents of Smt. Ruchi Attri for purchase of car. It is further alleged that Smt. Ruchi Attri informed her husband that she could not talk with her parents regarding grant of money for purchase of car. Thereafter Sh. Sanjeev Attri became annoyed and also rebuked Smt. Ruchi Attri. It is further alleged that Smt. Ruchi Attri was mentally tortured in her matrimonial house for not bringing sufficient dowry. It is further alleged that Sh. Sanjeev Attri and his family members forced Smt. Ruchi Attri to pay installments of car and also forced to hand over all the savings which she has collected before marriage. It is further alleged that Sh. Sanjeev Attri and his family members used to take entire amount of salary and Smt. Ruchi Attri was forced to take tuition work. It is further alleged that in matrimonial house Smt. Ruchi Attri was slapped and was also called by name 'Randi' (Prostitute). It is further alleged that in the month of August 2011 Smt. Ruchi Attri became pregnant and on coming to know about pregnancy Sh. Sanjeev Attri and his family members compelled Smt. Ruchi Attri to commit abortion on the pretext that they could not bear day to day expenses of child. It is further alleged that Sh. Sanjeev Attri and his family members also demanded lump sum money for minor children. It is further alleged that Smt. Ruchi Attri was also beaten in her matrimonial house and was badly injured and her mobile was also broken. It is further alleged that in the month of October/ November 2011 Sh. Sanjeev Attri and his family members started construction of new house and forced Smt. Ruchi Attri to bring money from her parental house. It is further alleged that Smt. Ruchi Attri was treated as domestic servant in her matrimonial house. It is further alleged that Sh. Rajneesh brother-in-law also misbehaved with Smt Ruchi Attri. It is further alleged that on 19.04.2012 Smt. Ruchi Attri was blessed with a daughter and thereafter Smt. Ruchi Attri was harassed in her matrimonial house on one pretext or the other. It is further alleged that Smt. Ruchi Attri was also beaten in her matrimonial house several times. It is further alleged that Sh. Sanjeev Attri is a Government servant and is drawing salary amounting to Rs.27,500/- (Twenty seven thousand five hundred) per month. It is further alleged that Sh. Sanjeev Attri did not provide any maintenance to Smt. Ruchi Attri and her minor children. Nonpetitioner Smt. Ruchi Attri sought following protection relief(s): (1) Prohibiting Sh. Sanjeev Attri and his family members from committing any act of domestic violence to her and her minor children. (2) Prohibiting Sh. Sanjeev Attri and his family members from abetting in the commission of acts of domestic violence. (3) Smt. Ruchi Attri also sought alternative accommodation for her and her minor children as enjoyed by them in the shared household or to pay rent for the same. (4) Smt. Ruchi Attri also sought relief of maintenance to the tune of Rs.10,000/- (Ten thousand) per month for maintaining herself and her minor children. (5) Smt. Ruchi Attri also sought compensation to the tune of Rs.5 lac (Five lac) for her mental torture and domestic violence.

(3.) Per contra response filed on behalf of Sh. Sanjeev Attri and his family members alleged therein that Smt. Ruchi Attri has concealed material facts from the Court and did not come to the Court with clean hands. It is alleged that Smt. Ruchi Attri left her matrimonial house without any reasonable cause. It is further alleged that present petition is filed by Smt. Ruchi Attri in order to fulfill her illegal motive. It is further alleged that Smt. Ruchi Attri after the marriage insisted Sh. Sanjeev Attri to live separately from his father and mother. When Sh. Sanjeev Attri shown his inability then Smt. Ruchi Attri started misbehaving with Sh. Sanjeev Attri and his family members. It is further alleged that Sh. Sanjeev Attri and his family members did not torture Smt. Ruchi Attri in her matrimonial house at any point of time. It is further alleged that Sh. Sanjeev Attri and his family members did not demand any dowry from Smt. Ruchi Attri at any point of time. It is further alleged that salary of Sh. Sanjeev Attri is Rs.25,374/- (Twenty five thousand three hundred seventy four) per month. Prayer for dismissal of complaint filed under Protection of women from domestic violence act 2005 sought.