MANAV MISHRA Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner No.1-Manav Mishra and respondent No.2- Aditi were married according to Hindu religious rites on December 01, 2008. They started living in their matrimonial home at D-16, Lajpat Nagar-I, 3rd Floor Delhi but with some matrimonial disputes which ultimately led to respondent No.2's coming back to Jammu on January 23, 2010. She thereafter filed a Complaint with the learned Special Mobile Magistrate Passenger Tax, Shops and Establishment Act, Jammu on June 11, 2011 impleading Manav Sharma- her husband, Sham Sunder Mishra-her father-in-law, Sharda Mishra-her mother-in-law, Mohit Mishra, Gourva Mishra and Aman Mishra-her brothers-inlaw, accusing them of harassment, maltreatment and cruelty.

(2.) Although the cruel treatment including physical assault is stated to have been given to Aditi at Delhi, however, it is indicated in paragraph No.8 of the Complaint, that even at Jammu the behaviour of the persons named hereinabove was cruel and they had reiterated their demand for cash, plot, shops and WagonR car even at Jammu.

(3.) The statement made by Aditi in support of her Complaint before the learned Magistrate on 11.07.2011, however, does not refer to any such cruel treatment or reiteration of demand for cash, plot, shops and WagonR at Jammu. It is alleged that all the accused beat her on January 24, 2010 and forcibly turned her out from the matrimonial home threatening that she may not come without dowry. She thereafter came back to her paternal house without making any complaint against the accused because she apprehended threat to her life.