SHOBHANA SARDA Vs. CHAGANLAL SARDA AND ORS.

JUDGEMENT

(1.) The petitioner is wife of late Suresh Sarda, who was respondent No. 7 in Cri. Misc. Case No. 249 of 2007, in the Court of Judicial Magistrate, First Class, East Sikkim at Gangtok, under S. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the DV Act, 2005" or "the Act, 2005"). He died during the pendency of the said case, on 7-4-2009. Present respondents are brothers and nephews of the said respondent No. 7. Chaganlal Sarda, eldest brother of respondent No. 7, has also died and his name has been deleted from the cause title of this petition.

(2.) The petitioner was married to respondent No. 7 on 27-2-1990. After her marriage, she started living with her husband and other respondents in a joint family at M.G. Marg, Gangtok. She has two children, namely, Master Puneet, aged about 13 years and Master Lokesh, aged about 7 years. According to the petitioner, her husband was a drug and liquor addict. He was having affair with another woman. The petitioner made allegations that she was ill-treated by the respondents, who used to misbehave and torture her and abuse her by using filthy language and they also used to assault her. She claimed reliefs under Ss. 18, 19, 20, 22 and 23 of the said Act, 2005.

(3.) Respondents 1 to 6 filed their reply claiming all the allegations to be false and baselsss. They very specifically pleaded that they never assaulted or abused the petitioner; she was always treated well and was taken care by them.