S. RAWAIL SINGH Vs. GURINDER JEET KOUR

JUDGEMENT

(1.) Petitioners in the instant petition seek quashment of the complaint titled Gurinder Jeet Kaur Versus S. Baldev Singh and Ors. filed under Sec. 12(1) of the J&K Protection of Women from Domestic Violence, Act (for brevity 'impugned complaint') which is pending before the Court of Learned JMIC, Sub-Judge, Jammu ( for brevity 'trial Court'), wherein process has been issued by the trial Court against the petitioners herein.

(2.) The aforesaid complaint has been filed by the respondent- complainant- Gurinder Jeet Kaur on 20/12/2017, wherein she complained about being subjected to domestic violence by the accused-petitioners herein.

(3.) In brief, the acts of domestic violence are that she and the petitioner No. 4-Baldev Singh were married on 19/1/2007 as per the Sikh rites (Anand Karaj) and rituals at Gurudwara Shri Guru Singh Sabha, Greater Kailash Kunjwani, Jammu and out of the said wedlock one child, namely, Gurshish Singh has born. She alleges in the complaint that at the time of solemnizing of the marriage sufficient dowry in the shape of articles, i.e., Refrigerator, washing Machine, Air-conditioner, TV and Gold ornaments were given to the petitioners and in addition to the said articles, cash amount of Rupees one lac was also given to them. She alleges that after solemnizing of marriage she was residing in H.No.98 Sector No. 9, Nanak Nagar, Jammu with the petitioners and their attitude from the very beginning was cruel and unbecoming towards her. They used to taunt her for bringing fewer dowries and were pressurizing her to fulfill other demands of dowry. The petitioners started torturing and harassing her on one pretax or another and also not being provided proper food and cloths and other basic amenities. Even after the birth of the child, their attitude did not change, but turned bad to worst. Her husband-Baldev Singh who is working in Germany, used to come to Jammu after 4-6 months and when she asked him to accompany her, he used to abuse and beat her, she was thus, maltreated by the accused-Baldev Singh. In the complaint it was further alleged that complainant was thrown out of her house on 2/9/2010 and was threatened not to come back unless she brings Rs.02.00 lacs for them. She on hearing that her husband-Baldev Singh was leaving for Germany on 10/10/2010 she also booked her tickets and went to Germany along with her son. On reaching Germany, she was not treated properly by her husband-Baldev Singh and was not allowed to reside with him. She was compelled to live in a separate accommodation. It was alleged that all the articles of Stridhan have been retained by the petitioners herein. She completed her studies in Jammu in the month of November, 2017 and now she is residing at Jammu and her minor son is studying in Class-IIIrd in Germany and his expenses are incurred by her and her daily needs and that of minor child are approximately one lac per month which are being borne by her. She claims in the complaint that petitioner-Baldev Singh is doing his business in Germany and earning Rs.02.00 lac per month and has no liability except to maintain her and child.