GEETA DEVI AND ORS. Vs. DR. KAVITA SHARMA

JUDGEMENT

(1.) In the instant petition, the petitioners seek quashment of the Complaint dated 28.07.2018 titled, "Dr. Kavita Sharma Vs. Dr. Susheel Sharma and ors.", filed by the respondent under Section 12 read with Sections 17, 18, 19, 20 and 22 of Domestic Violence At, 2010, pending before the learned Judicial Magistrate 1st Class, Udhampur (Munsiff), by virtue of which, the Hon'ble Court has taken cognizance of application under Section 12 read with17, 18, 19, 20 and 22 of Domestic Violence Act, 2010 (hereinafter referred to as the Act) and passed interim direction dated 28.07.2016.

(2.) The factual matrix of the case is that the marriage between the petitioner No. 4 and respondent was solemnized on 28th January, 2011 in accordance with Hindu rites and customs. It was a dowry less marriage. The conduct and behaviour of the respondent was not very good from the very first day after the marriage. After two months of marriage, the respondent started telling petitioner No. 4 that she never wanted to marry and it is a compulsive marriage, as she is a doctor and wanted to live an independent life and many a times, complained about some mood disorders. Petitioner No. 4 himself being a doctor told her that they can always get a good consultation, if she is having mood swings. The relationship between the petitioner No. 4 and respondent remained cordial for a period of two months, but after that respondent started showing her true colours and started to harass the petitioner Nos. 1, 3 and 4 in front of their relatives and started picking up quarrels. Petitioner No. 2 has already got married since 2006, i.e., for the last twelve years and is staying at her matrimonial house and has been unnecessarily dragged in the litigation to harass her as well as the petitioner Nos. 1, 3 & 4. That brother of the respondent is in the Police Department and is serving as Sub-Inspector and further, the father of the respondent is a retired Dy.SP from Police Department and petitioner No. 1 belongs to a very simple family having three daughters and only son, were pressurized and harassed by the respondent's family and the respondent took advantage of the gentleness of the petitioners and started pressurizing the petitioner No. 4 to live separately from his family members and when the petitioner No. 4 objected to it, the respondent threatened him of implicating the petitioners in false and frivolous cases. In the year 2012, the petitioner No. 4 was transferred to District Hospital, Reasi and at that time, respondent was going her PG, so she remained in the matrimonial house, but instead of taking care of the old parents of the petitioner No. 4, she started using filthy language and harassing the family members of the petitioner No. 4. The petitioner No. 4 took her to his place of posting, i.e., District Hospital, Reasi, but there also when she was staying away from other family members of the petitioner, even then did not mend her ways and created scenes before the office staff of the petitioner No. 4. Due to this consistent tension and pressure created by the respondent, the father of the petitioner No. 4 fell sick in July, 2012 and ultimately, expired on 19th July, 201 After the death of the father of petitioner No. 4, the atrocities of the family members of the respondent increased and they threatened the petitioners that if the petitioner No. 4 decides to stay in the house with his mother and unmarried sister, then they will implicate him in false and frivolous cases. The petitioner No. 4 being the only son of his parents did not accede to such illegal and illogical demand of the respondent. The respondent threatened the petitioners that she will inject herself with some injection and will commit suicide. Petitioner No. 4 being a doctor could see that there was some behaviourial disorder with the respondent, as she frequently threatened him and his family members of committing suicide and further used to complain that she has some mood swings. The respondent being a doctor herself could also understand about her behaviourial disorder, so she along with petitioner No. 4 went for her Psychiatric check up in Government Medical College, Jammu on 20th December, 2012, where she was suggested by the doctor to go for therapy and counseling sessions, but respondent became adamant and did not follow the treatment.

(3.) It is also stated in the instant petition that after the death of the father of the petitioner No.4, the respondent became very adamant that the petitioner No. 4 should leave his ailing mother, who was suffering from liver, spleen, heart enlargement and uncontrolled sugar, for which she needed consistent supervision and attendant and his unmarried sister, i.e., petitioner No. 3, but when the petitioner No. 4 categorically refused to do the same. The respondent threatened the petitioner No. 4 that she would leave the house and lodge a false and frivolous complaint again him and his family members, if he did not agree, as her brother is in police department and father is a retired Dy.SP and she left the house and did not return for two months. The petitioners approached the respondent many a times to return her back, as she had conceived and they were worried about her health. After great efforts, the respondent was brought back to the matrimonial house. Despite all this, the behaviour of the respondent did not change at all, as she used to scream unnecessarily on the maids and also used to create scenes in front of the relatives of the petitioner No. 4. In the year 2014, the petitioner No. 4 was posted at Reasi and the respondent was posted in GMC. During that time, the respondent also used to leave her matrimonial house without the consent of the petitioners. When petitioner No. 4 used to enquire about the same, the respondent used to become hyper and threatened the petitioners that she will implicate them in false and frivolous cases.