VARUN SLATHIA AND OTHERS Vs. DIVYA GUPTA

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A Cr.P.C., petitioners have sought the following reliefs:-

(2.) The brief facts of the case, as stated by the petitioners in the instant petition, are that the marriage between the petitioner No.1 and the respondent was love-cum-arrange one and was solemnized at Jammu on 27.01.2014, in accordance with Hindu rites and ceremonies in presence of respectable persons and relatives of the parties. Though the marriage was duly consummated, but no issue has been born out of the said wedlock. After the marriage, the petitioner No.1 and the respondent stayed together as husband and wife at House No. 13-B(s), Karan Nagar Jammu. The petitioner No.1 has high hopes and aspirations of peaceful married life with the respondent. This apart, petitioner No.1 was not only hoping but anxiously looking forward to a life full of mirth and merriment, mutual love and devotion. However, the high hopes entertained by him dashed to ground when the respondent on one pretext or the other started treating him with both mental as well as physical cruelty. The respondent stayed in her matrimonial home hardly for 2-3 months and rest she was staying with petitioner No. 1 for 11 months in Mumbai and ultimately left for matrimonial home on the pretext that her mother had a dog bite and then switched off her phones and told the petitioner No.1 in unequivocal terms that she will not come back. Despite the fact that petitioner No.1 made all possible efforts to get her back to the matrimonial home, but the respondent has shown her pure obstinate and arrogant nature and has never returned to her matrimonial home. Moreover, the respondent and her family members started quarrelling and abusing the petitioner No.1 and his family members without any justified reasons.

(3.) It is further submitted that because of the unwillingness of respondent, no issue has been born out of the said wedlock. She had openly declared that she does not want to have a child out of the said wedlock. The petitioner No.1 performed all his obligations and fulfilled all the marital obligations and did every needful act for respondent's convenience. It is further submitted that one day, the respondent even threatened the petitioner No.1 to either leave her or else she would commit suicide. Somehow, the petitioner No.1 managed to pull her out of dying loop and made all efforts to save the marriage. It is also submitted that the respondent, in fact, is not mentally stable as she used to give threats to the petitioner No1. and his family members and furthermore she used to abuse and fight miserably with the petitioners. The respondent has filed two cases contemporarily, that is, a complaint under the J&K Protection of Women from Domestic violence Act, 2010 titled, "Divya Gupta versus Varun Slathia and ors." before the Court of learned Chief Judicial Magistrate, Jammu; and another petition under Section 488 Cr.P.C titled, "Divya Gupta versus Varun Slathia" before the Court of learned 3rd Additional Munsiff, Jammu.