Case Brief Alka Sharma v.

Vijay Bharadwaj

(U/s 12 read with Section 18, 19, 20 & 22 of the PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT)

In the present case, the complainant, Mrs. Alka Sharma had filed a complaint under the Protection of
Women From Domestic Violence Act against Vijay Bharadwaj and his family, the respondents. The
complainant stated that she has been subjected to continuous torture, abuse and assault by the
respondents after the marriage. The complainant mentioned that she was subjected to the stated abuse
because her family was unable to fulfill the demands of the respondent’s family. The respondent’s
family had asked for a Scorpio car and a sum of Rs 5 Lakhs which the complainant’s family was
unable to provide. The complainant’s father and brothers were able to fulfill some of the monetary
demands of the defendants via loan and PF withdrawal. It was further contended by the respondent
that she had to avail medical treatment because of the assault she was subjected to by the respondents.
After coming from the hospital, it was exclaimed by the complainant that she was deprived of meals
and was then asked to leave and go back to her parental home. Lastly, the complainant seeked
maintenance from the respondent exclaiming that the incomes of her father and brothers wouldn't be
able to sustain her and that it is the respondent’s duty to maintain her, being her husband.

In accordance with the complaint made by the complainant an interim maintenance order was passed
by the hon’ble court which directed the respondent to pay a sum of Rs 8,000 per month to the
complainant for maintenance. The complainant was also directed to clear all the arrears within 6
months from the issuance of the order.

The respondents in the present case, in response to the complaint made by the complainant, stated that
the case had been filed by the complainant under a baseless, false story and that the respondents have
thoroughly complied with the interim order passed by the hon’ble court from the day it was issued.
The respondents argued that the allegation of the complainant that the respondents have demanded a
dowry is baseless and false and they did not provide any evidence to support the same in the
complaint. The respondents stated that the complainant had to avail medical treatment not because she
was subjected to assault rather she had to avail the same because she was ill and her kidneys had puss.
However, the ultrasound revealed that both of the complainant’s kidneys were normal. The
respondents further stated that the complainant is a private teacher and earns a monthly salary of Rs
30,000 which does not make her liable to the maintenance granted by the interim order. The same was
not mentioned in the complaint by the complainant and, hence, in the presence of suppression of facts
the respondents claimed that the complainant had not approached the court with clean hands. Lastly,
the respondents pleaded to get the complaint dismissed since no specific incident of domestic violence
was mentioned in the complaint.

The complainant later stated that the respondent has failed to provide relief of Rs 25,000 and legal fee
for Rs 55,000. The complainant then filed a petition in the Hon’ble High Court, praying for
prohibition of the act of domestic violence and harassment by the respondents. The complainant also
prayed for compensation of Rs 20,00,000, a monthly instalment of 25,000, a rental residential
accommodation of Rs 10,000 and a litigation fee of Rs 55,000.