CHANDRAWATI DEVI Vs. SHARDA GUPTA

JUDGEMENT

(1.) Heard Mr. Jorgay Namka, learned counsel for the appellants, Mr. N.B. Khatiwada, learned Senior Counsel for respondents nos.1 and

(2.) and Mr. Santosh Kumar Chettri, learned Assistant Public Prosecutor, Sikkim for respondent no. 3. 2. This appeal is preferred against the judgment dated

(3.) The case set out in the complaint petition, in short, is that the marriage between appellant no.2 with the present respondent no.1 was solemnized on 30.04.2012 at Siliguri, West Bengal and marriage reception function was held on 03.05.2012 at Singtam, East Sikkim. The marriage was an arranged marriage and the process was initiated by ShRi Chandrika Sah. The appellants had enquired about the education, health and other related issues of respondent no.1 before finalizing the engagement and they were informed that the respondent no.1 does not suffer from any ailment and is in good health. However, soon after marriage, it became apparent that the respondent no.1 was not a physically and mentally fit person even to undertake day to day chores as a result of which they felt let down and betrayed at the concealment of various ailments such as extreme case of Thyroid and Abscess from which the respondent no.1 was suffering from prior to marriage. It also came to light that the respondent no.1 was under regular supervision of doctors at New Delhi. When confronted with the above revelation, the respondent no.1 informed the appellant no.2 over telephone that the fact of her true medical condition was not divulged as she had feared that if the disclosure was made, the appellant no.2 would not marry her. It is also stated in the complaint that the said conversation was recorded. When questions were raised about the health issues pertaining to respondent no.1, Shri Ankit Gupta came down to Singtam and took away the respondent no.1 stating that she would be taken to New Delhi for her treatment. Immediately on reaching New Delhi, the respondent no.1, along with the other accused persons named in the complaint, started threatening the complainants with dire consequences and not only that, the respondent no.2 and the maternal aunt of the respondent no.1, with the objective of ruining the marital relationship of the sister of appellant no.2, namely, Smt. Asha Prasad, went to the place of her in-laws at Chapra, Bihar and started complaining about the appellants to the father-in-law of Smt. Asha Prasad. When Smt. Asha Prasad tried to intervene in the matter, she was threatened, abused and insulted in presence of her father-in-law and others. It is stated that a complaint was also lodged against the accused persons before the Officer in- Charge, Singtam Police Station as well as State Women Commission at Gangtok, besides issuing a legal notice dated 13.02.2013.