1 Judgment in Oth.Cri.M.A.No.

4/2020

MHNG100000472020

Received on : 09/01/2020
Registered on : 09/01/2020
Decided on : 26/03/2021
Duration : 01Y 02M 17D

IN THE COURT OF 2nd JT. JUDICIAL MAGISTRATE, FIRST

CLASS, AT UMRER
(Presided by A.V. Pandit )

Oth. Misc. Cri. Appln. No.4/2020 EXH.No.21

Sau. Anju Ravindrasingh Bhalla,

Aged 28 years, Occu. Housewife,
R/o. C/o. Kejaji, Ukankar,
behind S.R. Statinationary,
Rewatkar Layout, Umred. ... APPLICANT

VERSUS

1) Ravidrasingh @ Chintu S/o Rajendra Singh Bhalla,

Aged 32 years, Occu. Business,

2) Ranjan W/o Rajendra Bhalla,

Aged 50 years, Occu. Housewife,

3) Rajendrasingh S/o Beniprasad Bhalla,

Aged 55 years, Occu. Business,

All R/o Ward No.5, Civil Line,

Bada Bazar, Near Hanuman Temple
Banda Shahgar, Distt. Sagar,
Madhya Pradesh. .. RESPONDENTS
 2 Judgment in Oth.Cri.M.A.No.4/2020

APPLICATION UNDER SECTION 12 OF THE PROTECTION OF

WOMAN FROM DOMESTIC VIOLENCE ACT, 2005

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Learned counsel for Applicant : Shri. A.B. Pongde
Learned counsel for Non­applicants : Exparte
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
JUDGMENT
(Delivered on this 26th March, 2021 )

Brief facts of this case is as under :­

1] That applicant filed application under section 12 of

the Protection of Women from Domestic Violence Act alongwith
other relief under Act. She submitted that she is legally wedded
wife of non­applicant No.1. Applicant belonging to Christian
Community and Non­applicants belonging to Munda Panjabi
(Khatri). The marriage solemnized as per rites and rituals
prevailing in the community on 4.12.2017 at Shahgarh, Sagar,
Madhya Pradesh.

2] Out of wedlock, applicant gave birth to child Sarthak.

He is one year old. Marriage of applicant and non­applicant No.1
was arranged marriage. Respondent No. 2 is mother of
respondent No.1 and respondent No.3 is father of respondent
No.1. Before marriage, uncle of respondent No.1 Narendra Kapur
told that respondent No.1 was teacher at Government school. It
was told that financial condition of non­applicant No.1 is good. It
 3 Judgment in Oth.Cri.M.A.No.4/2020

was told that respondents have three separate houses. They

living separately. After solemnization of marriage, applicant was
living with respondent No.2 and 3 and brother of respondent
No.1 Nitin Bhalla.

3] Respondent have knowledge that financial condition

of applicant was not sound because of demise of her father.
Inspite of this, mother of applicant gave Rs.20,000/­ for cot and
cub­board. She also gave 5 grams golden rings, gas and some
household utensils at the time of marriage.

4] After marriage respondents behaved normally with

applicant and thereafter started to give mental harassment. They
were being insulted to applicant. Respondent No.2 used to taunt
that she belonging to Christian Community. Respondent No.2
used to taunt with filthy language. Behaviour of Respondent
No.2 is very rude and improper because applicant could not give
dowry and other valuable goods to respondent.

5] Respondent used to prohibit from wearing clothes.

There was a custom of Ghunghat. Petitioner did not have Salwar
Suit and other cloths. Respondent did not allow to go out of their
house. Sometime they used to lock applicant in one room for
whole day. Respondent prohibited to talk with wife of brother of
 4 Judgment in Oth.Cri.M.A.No.4/2020

respondent No.1. They tried to avoid communication with

applicant and wife of brother i.e. Kavita Bhalla.

6] On February, 2018 respondent No.2 had got operated

of stomach at Sagar, so she had need to rest. During operation
and ill health of respondent No.2, applicant had taken care.
Applicant provided food to respondent No.2 as per her wishes.

7] When applicant was pregnant, respondent No.1 did

not visit doctor for her checkup. Therefore, applicant became
weak. She had to do all household works. During pregnancy of
applicant, her mother suggested proper care and treatment to
applicant but started ill­treatment, negligence and assault to
applicant. Applicant was not permitted to cook food.
Non­applicant used to quarrel with her.

8] During her pregnancy, non­applicant No.1 came to

her mother's house. Thereafter, applicant called respondent No.1
but he did not answer. When doctor advised her that she needs
to wait for more 2 to 3 days for normal delivery and because of
some issues normal delivery could not had. Applicant informed
to respondent No.1 but he behaved rudely. Non­applicant used
to abuse in filthy language and demanded money. Applicant
suffered lot of mental harassment due to the behaviour of
maternal uncle of non­applicant No.1.
 5 Judgment in Oth.Cri.M.A.No.4/2020

9] On 12.11.2018 respondent No.1 came at Umred and

forced her to go to Nagpur for normal delivery. He also quarreled
with applicant. After delivery, respondent No.1 did not behave
properly. Respondent No.1 used to tell that he requires male
child and if she gave birth to female child, he will break relation
with applicant. He used to behave like irresponsible person. He
did not care applicant. After delivery, no one came from the
respondent No.1 to see her child.

10] After delivery, applicant suffered infection in the

stitches, therefore, applicant did not get discharge immediately.
But she was not hospitalized more than 2­3 days. During that
period, respondent did not take care. Respondent did not bear
single pie for delivery. All expenses incurred by her mother.
Respondent was aware that doctor suggested her to bed rest.
Respondent No.1 in late night used to make telephonic call and
quarreled with her. He was selfish. He never thought about
applicant and her child. Applicant was ready to cohabit with
respondent No.1 but he was not ready.

11] There was some mistakes in birth service of child of

applicant but respondent No.1 avoided to talk and failed to give
Adharcard. Documents are in possession of respondents. They
denied to hand over custody of documents and threat to kill her.
Hence, she lodged report to police station on 6.11.2019.
 6 Judgment in Oth.Cri.M.A.No.4/2020

12] Respondent is running business of dairy products and

earned Rs.50,000/­ per month. He is living comfortable life,
therefore, looking to the lifestyle of non­applicant, applicant
entitled for maintenance Rs.20,000/­ per month. She is entitled
for maintenance. Hence, she filed this application.

13] Notices were issued but non­applicants denied to

accept it, hence, case proceeded exparte against them by passing
order at Exh.1 on 13.02.2020.

14] From pleadings of the parties and documents on

record, following points are arose for my consideration. I have
recorded my finding thereon with reasons :­

S.N POINTS FINDINGS

1 Does applicant prove that she suffered Yes
domestic violence at the hands of
non­applicants?
2 Does the applicant proved that she is entitled No
for compensation Rs.5,00,000/­ as per
section 22 ?
3 Does the applicant prove that she is entitled Yes
for protection order as per section 18 of the
Act ?
4 Does the applicant prove that she is entitled No
for residential order as per section 19 of
Domestic Violence Act ?
5 What order ? Application is
partly allowed
 7 Judgment in Oth.Cri.M.A.No.4/2020

REASONS

15] In order to prove the case, applicant Anju

Ravindrasingh Bhalla examined herself at Exh.10 and relied on
Marriage photographs at Exh.13 and Exh.14, Adharcard at
Exh.15, Birth Certificate of her child at Exh.16, Report to Police
Station Umred at Exh.17 and Report lodged at Shahagarh at
Exh.18.
Heard learned counsel for applicant Mr. A.B. Pongde.

16] AS TO POINTS NO.1 to 4 :­

All points are interconnected, hence, I took them for

discussion under common heading in order to avoid repetition of
evidence and discussions.

From the documents on record, it is not disputed that

applicant is legally wedded wife of non­applicant No.1. It is also
not disputed that due to wedlock, she gave birth to a child. It is
not disputed that applicant is now residing at Umred at her
mother's house.

17] In order to prove domestic violence Act, applicant

required to be proved ingredients mentioned in section 3 of
Domestic Violence Act.
 8 Judgment in Oth.Cri.M.A.No.4/2020

As per Section 3 of the Act :­

“(a) harms or injuries or endangers the health, safety,

life, limb or well­being, whether mental or physical, of
the aggrieved person or tends to do so and includes
causing physical abuse, sexual abuse, verbal and
emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved

person with a view to coerce her or any other person
related to her to meet any unlawful demand for any
dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person

or any person related to her by any conduct mentioned
in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical

or mental, to the aggrieved person.”

18] Applicant deposed in her evidence that she is legally

wedded wife of non­applicant No.1. Applicant belonging to
Christian Community and Non­applicants belonging to Munda
Panjabi (Khatri). The marriage solemnized as per rites and rituals
prevailing in the community on 4.12.2017 at Shahgarh, Sagar,
Madhya Pradesh.

19] She further deposed that out of wedlock, applicant

gave birth to child Sarthak. He is one year old. Marriage of
applicant and non­applicant No.1 was arranged marriage.
 9 Judgment in Oth.Cri.M.A.No.4/2020

Respondent No. 2 is mother of respondent No.1 and respondent

No.3 is father of respondent No.1. Before marriage, uncle of
respondent No.1 Narendra Kapur told that respondent No.1 was
teacher at Government school. It was told that financial
condition of non­applicant No.1 is good. It was told that
respondents have three separate houses. They living separately.
After solemnization of marriage, applicant was living with
respondent No.2 and 3 and brother of respondent No.1 Nitin
Bhalla.

20] Respondent have knowledge that financial condition

of applicant was not sound because of demise of her father.
Inspite of this, mother of applicant gave Rs.20,000/­ for cot and
cub­board. She also gave 5 grams golden rings, gas and some
household utensils at the time of marriage.

21] After marriage respondents behaved normally with

applicant and thereafter started to give mental harassment. They
were being insulted to applicant. Respondent No.2 used to taunt
that she belonging to Christian Community. Respondent No.2
used to taunt with filthy language. Behaviour of Respondent
No.2 is very rude and improper because applicant could not give
dowry and other valuable goods to respondent.
 10 Judgment in Oth.Cri.M.A.No.4/2020

22] She deposed that Respondent used to prohibit from

wearing clothes. There was a custom of Ghunghat. Petitioner did
not have Salwar Suit and other cloths. Respondent did not allow
to go out of their house. Sometime they used to lock applicant in
one room for whole day. Respondent prohibited to talk with wife
of brother of respondent No.1. They tried to avoid
communication with applicant and wife of brother i.e. Kavita
Bhalla.

23] On February, 2018 respondent No.2 had got operated

of stomach at Sagar, so she had need to rest. During operation
and ill health of respondent No.2, applicant had taken care.
Applicant provided food to respondent No.2 as per her wishes.

24] When applicant was pregnant, respondent No.1 did

not visit doctor for her checkup. Therefore, applicant became
weak. She had to do all household works. During pregnancy of
applicant, her mother suggested proper care and treatment to
applicant but started ill­treatment, negligence and assault to
applicant. Applicant was not permitted to cook food.
Non­applicant used to quarrel with her.

25] During her pregnancy, non­applicant No.1 came to

her mother's house. Thereafter, applicant called respondent No.1
 11 Judgment in Oth.Cri.M.A.No.4/2020

but he did not answer. When doctor advised her that she needs
to wait for more 2 to 3 days for normal delivery and because of
some issues normal delivery could not had. Applicant informed
to respondent No.1 but he behaved rudely. Non­applicant used
to abuse in filthy language and demanded money. Applicant
suffered lot of mental harassment due to the behaviour of
maternal uncle of non­applicant No.1.

26] She deposed that On 12.11.2018 respondent No.1

came at Umred and forced her to go to Nagpur for normal
delivery. He also quarreled with applicant. After delivery,
respondent No.1 did not behave properly. Respondent No.1 used
to tell that he requires male child and if she gave birth to female
child, he will break relation with applicant. He used to behave
like irresponsible person. He did not care applicant. After
delivery, no one came from the respondent No.1 to see her child.

27] She deposed that After delivery, applicant suffered

infection in the stitches, therefore, applicant did not get
discharge immediately. But she was not hospitalized more than
2­3 days. During that period, respondent did not take care.
Respondent did not bear single pie for delivery. All expenses
incurred by her mother. Respondent was aware that doctor
suggested her to bed rest. Respondent No.1 in late night used to
 12 Judgment in Oth.Cri.M.A.No.4/2020

make telephonic call and quarreled with her. He was selfish. He

never thought about applicant and her child. Applicant was ready
to cohabit with respondent No.1 but he was not ready.

28] She deposed that There was some mistakes in birth

service of child of applicant but respondent No.1 avoided to talk
and failed to give Adharcard. Documents are in possession of
respondents. They denied to hand over custody of documents
and threat to kill her. Hence, she lodged report to police station
on 6.11.2019.

29] She deposed that Respondent is running business of

dairy products and earned Rs.50,000/­ per month. He is living
comfortable life, therefore, looking to the lifestyle of non­
applicant, applicant entitled for maintenance Rs.20,000/­ per
month. She is entitled for maintenance. Hence, she filed this
application.

30] This aspect of evidence is not repeated in cross

examination and there is no reason to disbelieve her testimony.
Exh.17 shows that she lodged report to Police Station Umred on
06.11.2007 and stated that non­applicants abused her and
threatened her. Exh.17 is published document having evidentiary
value. Therefore, act of non­applicant threaten and abusing lies
 13 Judgment in Oth.Cri.M.A.No.4/2020

under the definition of domestic violence. Moreover Exh.18

shows that she lodged report to Police Station Shahagarh. From
the contents of Exh.18 shows that non­applicants were
committing domestic violence by making taunts on applicant.

31] From the oral and documentary evidence, it is proved

that non­applicants committed domestic violence against
applicant. Therefore, she is entitled for protection order as per
Law. There is no proof that non­applicant No.1 provided
maintenance to applicant for protection order as per Law. There
is no proof that non­applicant provided maintenance to applicant
till today. Therefore, wife of non­applicant No.1 is entitled for
maintenance from non­applicant No.1.

32] There is no documents on record to show the income

of Non­applicant. Applicant filed only oral evidence, therefore,
considering the evidence and lifestyle of applicant, I am of view
that she is entitled for maintenance Rs.3,000/­ per month from
Non­applicant No.1, from the date of application till its
realization. Circumstances of the case are not such that applicant
is not entitled for compensation Rs.5,00,000/­ and residential
order. Applicant has been contesting this application from 2020,
therefore, she is entitled for costs of litigation Rs.3,000/­. Hence,
I answer Points No.1 and 3 in Affirmative and Points No.2 and 4
in Negative.
 14 Judgment in Oth.Cri.M.A.No.4/2020

AS TO POINT NO.4 :­

33] In view of the answer to Points No.1 and 3 in

Affirmative and Points No.2 and 4 in Negative. Therefore, from
discussion above, I pass following order :­
ORDER
1) Application is partly allowed.

2) Non­applicants are hereby directed not to commit

domestic violence henceforth.

3) Non­applicant No.1 is directed to pay Rs.3000/­

per month maintenance to applicant, from the date of
application.

4) Non­applicant No.1 is directed to pay

costs Rs.3000/­ to applicant, within one month.

5) Copy of Judgment shall be provided to applicant free

of cost.

6) Copy of Judgment shall be given to Protection

Officer for execution of protection order.

7) Judgment dictated and pronounced in open court.

Date :­26.03.2021.
Place :­Umred.
 15 Judgment in Oth.Cri.M.A.No.4/2020

CERTIFICATE

I affirm that the contents of this P.D.F. file of Judgment are

word to word, as per original Judgment.

Case argued on : 15.02.2021

Judgment dictated on : 26.03.2021
Transcription ready on : 26.03.2021
Judgment checked and signed : 03.04.2021
on

Name of Stenographer (Gr.3) : Mrs. S.D. Karemore

/home/ubuntu/ a Joint Civil Court (Jr.Dn.), Umred/Jt.Civil Court , from

DEc.17 to 2020/Criminal matters /Judgments/English Judgments/Year,
2021/March, 2021/