The present petition is filed by the petitioners under
Sec.12 of Protection of Women from Domestic Violence
Act, 2005.
2. The brief facts of the petitioners case are as
under; The petitioner No.1 is the wife of respondent
No.1 and their marriage was solemnized on 02.09.2012
and from the wed lock petitioner No.1 gave birth to 2
children i.e., petitioner No.2 and 3 herein. For sake of
convenience petitioner No.1 will be herein after referred
Crl.Misc.150/2016
to as petitioner herein. Further she submitted that, after
engagement prior to the marriage respondent demanded
car, 500 grams of gold to her, 200 grams gold to the
respondent, Rado watch dinner(Dawath). As per the
demands of the respondent and his family members
petitioner’s family gave two wheeler, Rado watch, clothes
to the respondents and his family members, gold
ornaments i.e., finger rings- nos, necklace with earrings
and mattis. Initial days of their marriage petitioner and
respondent lived with respondent’s brother’s house in
joint family. Respondent is a very narrow minded
person he always tortured her not to open window and
not to speak to any male person whether they are her
blood relation, her brother or any other person as he
does not like her mingling with his own female relation
and her neighbours also. Respondent’s family members
insisted her to go separate and lead their lives as the
respondent is also earning good salary but the
respondent does not want to go separate due to which
she has faced many problems. After that they shifted to
respondent’s second brother in law’s house there they
stayed for 2 month at that time they always used to say
her to abort her 2nd pregnancy. Later for some small
issue with the respondent her second sister in law came
in between and slapped her for no issue and told the
Crl.Misc.150/2016
respondent to call her parents and let her go. Then her
parents came and took her from there so that she should
not go mentally ill because she was 3 months pregnant
and on that day the respondent also took support of his
sister in law and told to slap her more and also he did
not turn up to see her when she went to her parents
house and did not even enquire about her pregnancy and
he did not give any expenses to her while she was in her
mother’s place for a year. Later respondent family
approached Islamic counseling committee to raise a
complaint later committee found the petitioner and and
her family members innocent and the respondent at
fault. Later petitioner had tried calling respondent many
times to convince him to console the problem and be
together with their kids but did not receive the call once
also approached and she also sent her message. After 2
days he had sent her message stating that he does not
like the way those committee people spoke to him and his
family and they abused both their families and trying to
keep rowdy to harm them, so they will go to some other
Islamic committee to resolve this problem and be
together. But after 2-3 days he sent her a summon from
the Family Court stating that he wants divorce from her
and had given a complaint that her brother is hitting him
and she has taken all her jewellery and cash of Rs.10
Crl.Misc.150/2016
lakhs. On 24.05.2015 she gave birth to a girl baby and
had informed to respondent but he did not visit to see
her and her children and did not pay anything for
maintenance for her and her children and medical
expenses till December 2015. After that family
counseling center at Nyaya Degula Family Court after 2-3
mediation sitting somehow their case problem had solved
and went back to the respondent’s house on 17.01.2016.
But after that also respondent’s possessive nature was
harming her mind due to which they again fought for a
simple reasons and he threw her out of the house. He
called outsiders for a meeting and told her go get a letter
from the Masjid stating that she should agree for all his
tortures and bow her head then only he will decide
whether to take her back or not and if she does not get
that letter written on a bond paper with the thumb
impression without the signature then he will not accept
her. All the relative convinced him a lot but he did not
agree to them. So now she does not have any reason to
stay with him as no Masjid will give such letter signed so
now she is in her mother’s house with her 2 children.
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