wife fined for false domestic violence case : Delhi District court

IN THE COURT OF MS. SHIVANI CHAUHAN:
METROPOLITAN MAGISTRATE-01 (MAHILA COURT)
SAKET DISTRICT COURTS, NEW DELHI
CC NO. 316/3/2007
PS- New Friends Colony
UID No. 02406R0994312007
1. Ms. Sumana Bhasin
W/o Sh. Neeraj Bhasin,
R/o D-1101, Second Floor
New Friends Colony, New Delhi-110065
………Complainant/Applicant
Versus
1. Sh. Neeraj Bhasin
S/o Late Sh. Shiv Kumar Bhasin,
R/o Flat No. 247, First Floor
CAT- SFS-II , Pocket B,
Sukhdev Vihar, New Delhi
…………Respondent no. 1
2. Sh. Shiv Kumar Bhasin
S/o Sh. Ram Chand
R/o D-1101,New Friends Colony,
New Delhi-110065
…………Respondent no. 2
(Respondent no. 2 expired on 21.04.2014 and hence proceedings
against him stood abated vide order dated 15.11.2014.)
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3. Smt. Pushpa Bhasin
W/o Sh. Shiv Kumar Bhasin
R/o D-1101,New Friends Colony,
New Delhi-110065
…………Respondent no. 3
Date on which case reserved for judgment : 20.05.2015
Date of Pronouncement judgment : 27.05.2015
JUDGMENT
1. This judgment shall dispose off an application
u/s 12 of Protection of Woman from Domestic Violence Act
(hereinafter called ‘PWDV Act’) filed by Smt. Sumana Bhasin
(hereinafter called the applicant/complainant) against her Sh.
Neeraj Bhasin/ respondent no. 1 (husband), respondent no. 2/
Sh. Shiv Kumar Bhasin (father-in-law) & respondent no. 3 /
Pushpa Bhasin (mother-in-law).
2. The respondent no. 2/ Sh. Shiv Kumar Bhasin
expired on 21.04.2014 during the pendency of the Trial.
Accordingly, the proceedings against him stood abated vide
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order dated 15.11.2014.
3. The case was instituted on 23.04.2007 and
was finally disposed off by the Trial Court on 07.06.2008. The
parties went in appeal and the matter was remanded back for
Re-trial before this Court by the Ld. ASJ vide order dated
06.06.2009 and respondent no 1 was directed to pay interim
maintenance of Rs.25,000/- per month apart from electricity
and water charges. During the pendency of appeal before
Ld.ASJ, the respondent no 1 filed a petition before Hon’ble
High Court, wherein the order of grant of compensation of Rs.
5,00,000/- was stayed by the Hon’ble High Court vide order
dated 02.09.2008.
4. Thereafter, another appeal was filed before
Hon’ble High Court. Wherein, the Order of remanding back of
the case for Re-trial was confirmed and this Court was
directed to re-consider whether wife is entitled to any
maintenance, if so, to what extent and in case the wife was
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held not entitled to receive maintenance, she would return
back the entire maintenance amount received by her. The
complainant has also filed undertaking dated 23.03.2010 to this
effect before this Court.
Briefly stated, the case of the complainant is as
follows :
5. The parties got married on 30.11.1989 at
Patna, Bihar. It was a love marriage. After marriage, the parties
resided at the house of the respondent’s no. 2 and 3 i.e parents
of respondent no. 1. After some time, they constructed a
separate kitchen on the 2nd floor of the house, due to the
differences between respondent no. 1 and his father qua
mismanagement of business and extravagant expenditure by
Respondent no. 1 on himself and non-contribution to the
household expenses. Complainant was dragged into the family
business in 1989. She would be physically and verbally abused
by respondent no. 1 in front of other employees. She
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complained about this misbehavior to respondents no. 2 and 3,
who allegedly turned a blind eye to the said incidents and
refused to interfere between husband & wife.
6. Complainant had visited America and Canada
in January 1991 and respondent had joined her in the Month of
February 1991. The complainant was allegedly beaten by
respondent no. 1 on this trip he was jealous with the ease with
which she would communicate with others. The respondent no.
1 always angry with the complainant on her inability to satisfy
him on issues such as production, sampling and meeting of
deadlines.
7. An employee by the name of Shoma Dey was
hired by respondent no. 1 in mid 1998. The complainant was
informed by an anonymous caller that Shoma Dey and the
respondent no. 1 were seen together in ‘in-appropriate
condition’. When the complainant confronted respondent no. 1,
he had hit her in front of their maid. He also started giving
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paying more attention to Shoma Dey. The complainant alleged
that respondent no. 1 would often travel with Shoma Dey and
they would often stay in same room. The respondent no. 1
would shower expensive gifts upon Shoma Dey. The
complainant is also stated to have read some SMS’s on the
phone of respondent no. 1 which were allegedly sent by Shoma
Dey allegedly confessing her love for respondent no. 1. The
complainant had hired the services of Ace Detectives in the
Month of July- August 2002, who is stated to have informed her
that the respondent no. 1 had met Shoma Dey on 01.07.2002.
When the complainant confronted, the respondent no. 1, he is
stated to have admitted being with Shoma Dey.
8. Complainant made a ‘Silent Complaint’ with
New Friends Colony Police Station. However, the matter was
compromised and the complainant returned back to the
matrimonial house. However, the respondent no. 1 continued
his illicit relationship with Shoma Dey. He slept in separate
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room with his son ignoring the ill health of the complainant and
would talk to Shoma Dey. When confronted with this, he threw
out the complainant and her mother from the house. The
respondent no. 1 fell ill and the complainant returned back to
the matrimonial home to take care of him on 22.12.2002. There
are allegations that the respondent no. 1 had physically
assaulted the complainant on 12.02.2003 and again on
25.02.2003. The complainant had got herself medically
examined as Holy Family Hospital. The respondents behaviour
became callous and indifferent towards the complainant. The
complainant moved out of the house and on 25.02.2003 & two
complaints were registered by her. The respondent no. 1
refused to undergo to the counselor for counseling . The parties
would often fight over, monetary issues. The complainant
alleged that respondent no. 1 always gave more importance to
his business and not to his family and always came late from
work. The complainant alleged that all the household expenses
were taken care of by herself from her salary.
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9. An application U/s 125 CrPC and a
Guardianship case were filed by complainant in the year 2003,
which were compromised and the parties had undergone
counseling.
10. In September 2007, the parties went for a
business trip to Jodhpur alongwith some employee named
Archana. The respondent no. 1 allegedly gave ‘undue attention’
to Archana and would share food from her plate. There are
several other such allegations made by the complainant in her
application U/s 12 PWDV Act.
The defence put forth by Respondents:
11. The respondent no. 1 has stated that it was a
love marriage and the parents of both the parties were against
the marriage since beginning. The respondent no. 1 had
averred that the complainant is a person of highly suspicious
nature and is over ambitious. He had averred that all the
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allegations made by the complainant was false, baseless and
concocted and were made solely with a view to extort
unjustified money and harass him. He submitted that he has
always being a loving husband and a caring father. He had
regularly taken his family for domestic as well as international
vacations. He also used to take complainant with himself even
on official tours due to the highly suspicious nature of the
complainant. He submitted that he has always provided the
complainant with comfort and luxury at all times when the
parties were residing together. He had given her the best
lifestyle according to his means and had also showered her
with expensive gifts but despite all this, he could not satisfy the
greed of the complainant which has brought about the filing of
the present case. The respondent has denied all the allegations
of physical, mental and economic abuse and has also made
allegation that the complainant herself, is having extra marital
relationship with other men & is living in adultery. He has also
disputed his liability to pay maintenance on the ground that
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complainant is well qualified and is earning approximately Rs.
15,00,000/- per annum.
12. The matter was put for the trial, & Evidence
was led by both the parties. The complainant examined five
witnesses including herself in support of her case. Complainant
examined herself as CW-1, her mother Sunanda Das Gupta
was examined as CW-2, her son Pranav as CW-3, her cousin
sister Nupur Roy as CW-4 and Sejuti Das Gupta as CW-5. On
the other hand, respondent no. 1 examined himself as only
witness in defence.
Extensive Final arguments heard on behalf of all the
parties. Entire case file has been carefully perused.
Discussion on Merits:
13. The central point of entire discussion is to
assess whether applicant Sumana Bhasin is an aggrieved
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person within the definition and parameter laid down in
Protection of Women from Domestic Violence Act, 2005. The
term “Aggrieved Person” is defined in Section 2 (a) of
Protection of Women from Domestic Violence Act, 2005
which is reproduced as under:
(a) “aggrieved person” means woman who
is, or has been, in a domestic relationship with
the respondent and who alleges to have been
subjected to any act of domestic violence by
the respondent;
14. The basic tenets which make up or constitute
to prove one to be an Aggrieved person are applicant having
suffered domestic violence while being in domestic
relationship in Shared Household with the respondents.
The term “Respondent” is defined in Section 2(q) of
Protection of Women from Domestic Violence Act, 2005
which is reproduced as under:
“Respondent” means any adult male
person who is, or has been, in a domestic
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relationship with the aggrieved person and
against whom the aggrieved person has sought
any relief under this Act.
The term “Domestic Relationship” is
defined in Section 2(f) of Protection of Women from
Domestic Violence Act, 2005 which is reproduced as under:
“Domestic relationship” means
a relationship between two persons, who live or
have, at any point of time, lived together in a
shared household, when they are related by
consanguinity, marriage, or through a
relationship in the nature of marriage, adoption
or are family members living together as a joint
family;
15. The term “Domestic Violence” is defined in
Section 3 of Protection of Women From Domestic Violence
Act, 2005 which is reproduced here as under:
“Domestic Violence” – For the
purposes of this Act, any act, omission or
commission or conduct of the respondent shall
constitute domestic violence in case it –
(a) harms or injures or endangers the health,
safety, life, limp or well-being, whether mental
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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.
16. The term “Shared Household” is defined in
Section 2(s) of Protection of Women from Domestic
Violence Act, 2005 which is reproduced as under:
“Shared Household” means a household
where the person aggrieved lives or at any
stage has lived in a domestic relationship either
singly or along with the respondent and
includes such a household whether owned or
tenanted either jointly by the aggrieved person
and the respondent, or owned or tenanted by
either of them in respect of which either the
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aggrieved person or the respondent or both
jointly or singly have any right, title, interest or
equity and includes such a household which
may belong to the joint family of which the
respondent is a member, irrespective of
whether the respondent or the aggrieved
person has any right, titled, or interest in the
shared household.
“Cruelty or Violence” as a word may have
objective as well as subjective connotation. It
harbors pain to the sufferer and soothes the
temperament of perpetrator sometimes it gels
so well with one’s attitude that he or she hardly
understands that one is being cruel. There
cannot be any direct proof unless it has turned
extremely physically violent and that too only if
it is intended to be recorded and reported. But
absence of explicit proof cannot evade its
existence, in fact, its absence itself becomes a
proof.
17. Now, assessing the facts of the case to draw
an inference as to whether applicant can be stated to have
proved herself as an Aggrieved Person u/s 2 (a) of Protection of
Women From Domestic Violence Act, 2005.
Qua respondent No. 3 I.,e mother-in-law:
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18. The complainant has herself admitted that
they were against the marriage since very beginning.
19. In her complaint, the complainant has alleged
that the respondent no. 2 & 3 always turned a blind eye to her
and respondent no.1 whenever she complained to them about
her husband. However, she contradicted herself during her
deposition when she denied a suggestion put by counsel for
the respondent, the complainant denied the suggestion that the
in-laws never interfered in her affairs with her husband. It is
admitted case of complainant and her husband separated from
her in-laws and they had a separate kitchen and resided
independently on the second floor of the house owned by the
father in law. Thereafter, they never resided jointly with
respondents no. 2 and 3 In these circumstance, the
complainant can not be said to be residing with respondent no.
3 in the shared household and no relief can be granted to the
complainant under the present Act against respondent no 3, in
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view of the judgment of Hon’ble Delhi High Court in the case
of Adil & Ors Vs State & Anr, decided on 20.09.2010.
20. As far as the allegations against respondent
no.1 is concerned, the complainant had alleged the following :
a). Physical violence/abuse by respondent no.1-
alleged beatings and verbal abuse by respondent no.1 on
various occasion.
b). Economic abuse- allegedly not being given money
for household expenditure, being forced to her with the
company owned respondent no.2.
c). Mental torture- alleged extra martial affairs of
respondent no. 1 with Shoma Dey and Archana.
21. The onus of proof primarily lies on the person
who makes the allegations. The onus lies on the person who
would fail, if no evidence is led on either side. As the
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complainant had alleged commission of certain acts of
Domestic Violence upon her by the respondent no. 1, the onus
lies solely on the complainant to substantiate these allegations
by leading cogent evidence in this regard. Once, the
complainant discharges the primary onus of proof, it would then
shift to the opposite party.
Evaluation of testimonies of witnesses & other evidence
on record :
22. Nupur Roy & Sejuti Das Gupta are neither
referred to by the complainant in the application Under Section
12 PWDV Act filed by her nor were they ever cited as witness
at the first instance by the complainant.
23. In Trial Court’s first judgment dated 07.06.2008,
while deposing of the application U/s 12 PWDV Act, Ld. MM
had observed that complainant had failed to produce evidence
qua physical and mental torture. The parties had gone in
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appeal against the abovementioned judgment and Re-trial was
ordered in the present case. It is at the stage of retrial that
Nupur Roy & Sejuti Das Gupta have been mentioned in the
case for first time. There is no mention about the presence of
CW-4/ Nupur Roy and CW-5/ Sejuti Das Gupta in the pleadings
of the complainant. None of them was stated to have been
present at the time of the commission of alleged acts of
Domestic Violence. The complainant does not aver that any of
the alleged act was committed in the presence or hearing of
these witnesses. Otherwise also, these two witnesses are
related to the complainant and have good reasons to depose in
favour of the complainant and against respondent no. 1, being
the relatives of the complainant. In these circumstances, it is
unsafe to rely upon their testimonies unless the same are duly
corroboration from independent sources.
24. The mother of complainant was examined as
CW-2. During her cross examination, she had admitted that
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she had no personal knowledge about the affairs of
respondent no. 1 and complainant as they were residing at
Delhi while she herself was residing at Kolkata. She did not
attend the Mundan ceremony of either grandson. She admitted
that respondent no. 1 was present at Kolkata at the time of
knee surgery of the father of complainant while her own sons
were not present. It is an admitted case that the parents of
complainant were against her marriage with the respondent no.
1. Thus, this witness also has good reasons to depose against
the respondents as the marriage was solemnized against her
wishes. Otherwise also, CW-2 admits that she does not have
any personal knowledge about the incidents. Her testimony
can, at the best, be considered as hearsay & the same has to
be excluded from consideration being in admissible in
evidence.
25. Pranav i.e is the son of complainant was
examined as CW-3, he admitted that the complainant had
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brought the affidavit at home and he had signed the same at
home. In these circumstances, it is clear that the affidavit of
Pranav Bhasin was neither prepared his instance nor was it
duly sworn before the Oath Commissioner as per the
requirement of the Law. In these circumstances, affidavit of
CW-3 becomes inadmissible in evidence. During cross
examination, the child has admitted that every year he and the
complainant/ his mother alongwith younger brother were taken
to holidays by respondent no. 1. Otherwise also, there is no
explanation record as to why respondent no. 1 who would take
the complainant and his sons regularly on holidays at domestic
and international destinations and also funded their educational
and other expenses including extra curricular activities when
his behaviour is alleged to be cruel towards all of them. Only
one proposition seems preponderance i.e the allegations made
in the compliant do not hold any merit.
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Now coming to the testimony of complainant Smt Sumana
Bhasin / CW-1:-
26. The complainant in her complaint, had alleged
that she was physically abused by respondent no. 1 in front of
other workers of the company when she failed to satisfy him on
issues like production, sampling of meeting deadlines. The
respondent had categorically denied all such allegations in his
written statement. The counsel for respondent had put contrary
suggestions to the complainant on these aspects which were
denied by her. The complainant has not specified the name of
even a single employee in whose presence she was allegedly
beaten or abused by respondent no. 1.
27. The complainant has not pleaded any specific
incident regarding assault, criminal intimidation or use of
criminal force by respondent no. 1. All the allegations are vague
in nature & lacking in material particulars. There is nothing on
record which would show that complainant had delivered pre-
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mature child on the second occasion. Though the complainant
has filed two complaints dated 25.02.2003 regarding the
alleged incidents of beatings stated to have occurred on
12.02.2003 and 25.02.2003. However, no action has been
taken on these complaint. No further action was ever initiated
by complainant qua these alleged incidents. Therefore, it
cannot be said that complaints were infact a fall out of the
alleged beatings. Otherwise also complainant has failed to
specify as to what beatings were given to her. In the given
circumstances, the complainant has failed to prove the
allegations of physical or verbal abuse as alleged by her.
Qua Alleged Economic abuse by respondent no. 1-
28. In her complaint, the complainant has alleged
that she was deliberately dragged into the family business and
she was forced to work forcibly. She further stated that the
respondent no1 never contributed anything towards household
expenses and these were being met by her salary which was
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earning by working in the company of the father in law. When
the complainant deposed before the court, she admitted that
she was getting Rs. 17,000/- per month from the company
which was her pocket money and rest of the other expenses
were being met by respondent no.1. While the complainant
alleges economic deprivation at the hands of respondent no.1,
during her cross examination, in a suggestion given by counsel
for the respondents, she also admits that she was used to
luxurious lifestyle prior to separation & is trying to maintain the
same standard of living which she used to maintain while she
was residing with the respondent no. 1 i.e. Visiting Five Stars
Hotels, Cafe’s, luxury beauty parlour, luxury boutiques, luxury
health clubs, pastry shops etc. If her deposition is taken on the
face of it, the complainant has herself disproved her allegations
of economic violence. If the respondent no. 1 was not giving
any money towards the personal expenses of complainant,
how was she able to visit five stars hotels and pastry shops etc
and get her haircut done from Oberoi Hotel while she was
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residing with the respondent no.1. Furtherance, the
complainant has admitted that the respondent no.1 purchased
a property at Sukhdev Vihar in her name and had transferred
5 % of his company’s share in her name while respondent no.2
had also transferred 5 % of his company’s share in the name
of the complainant. If the complainant was being economically
deprived as alleged by her, then the respondent no.1 would not
fund her visits to Five Star hotels, cafe’s, parlours etc. The
complainant was also regularly taken for holidays on national
and international destinations by respondent no.1 as per the
admission of the complainant and her son Pranav during their
respective cross examinations. The complainant has miserably
failed to substantiate even a single allegation of economic
violence as alleged by her. As such there is no merit in the
allegations made by her in her applications.
Alleged Mental torture and Extra martial affairs of
respondent no1 with employees namely Ms. Shoma Dey
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and Ms. Archana-
29. The complainant has alleged that the
respondent No.1 was illicit relationship with Shoma Dey and
later on with one Archana. Both these females were the
employees of the company. The allegations of adultery have
been categorically denied by respondent no.1 in his written
statement. No rejoinder has been filed by complainant reaffirming
these allegations. The counsel for the respondent no.
1 had put contrary suggestions to the complainant for these
allegations which have been denied by the complainant.
30. While the respondent no. 1 had denied
having any relationship with Shoma Dey or Archana apart from
official work. The onus of proof was on the complainant as she
had made these allegations. It was important that the
complainant substantiate these allegations by leading cogent
evidence. However, no independent evidence has been led by
the complainant to substantiate even a single such allegation.
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Her own information is mostly based on what she heard from
others & is inadmissible to this extent being hearsay in nature.
It is the own case of complainant that, she had hired Ace
Detectives in July/ August 2002 and was informed by them that
respondent was meeting Shoma Dey and was having
relationship with her. She could have filed the detectives report
or photographs which, in the ordinary course of events, would
have been provided to her by the detective Agency. However,
She had failed to file any report or photograph given by such
detective. She has also not filed any document or bill which
would go on to show that the services of Ace Detectives were
ever availed by her at any point of time. Complainant has also
not filed any record of the Hotel with which the respondent no.
1 allegedly booked book a room for himself and Archana. There
is nothing on record to substantiate that complainant had
allegedly overheard the conversation between respondent no. 1
and Archana over the telephone. Even the telephone number
has not been specified anywhere. The alleged family settlement
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referred by the complainant has also not been placed on
record. It is admitted that, the respondent no. 1 had gifted a
costly Omega watch worth Rs.1,25,000/- to complainant. The
complainant deposed that this watch was given to her as she
had caught the respondent no. 1 in an adulterous relationship
with Ms. Shoma Dey. The complainant herself admitted
wearing the said watch on the date of the deposition before the
Court. This goes on to show that even if adulterous relationship
as alleged is presumed to be true for sake of arguments, the
same was condoned by the complainant by accepting gift of
watch which she continues to wear. She is now estopped from
raising this grievance by her own conduct. Otherwise also,
complainant has failed to substantiate the allegations of
adulterous relationship of respondent no. 1 as alleged by her.
31. Complainant alleged that she and respondent
no. 1 were referred to a marriage counselor, however, no such
counselor has been named anywhere, no date or period of
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counseling has been specified or the record of such counseling
has been produced by the complainant during evidence. This,
the complainant has failed to prove that parties ever attended
counseling sessions as alleged which gives rise to presumption
that no such act of Domestic Violence had ever taken place.
Thus, the complainant cannot be adjudicated to be an
aggrieved person within the meaning of Protection of Woman
from Domestic Violence Act. Otherwise also, both the
complainant and the respondent no. 1 are equally qualified.
The complainant is Graduate in B.Com and has a Diploma from
NIFT which was obtained by her after the marriage. At present,
she states that she is working with NGO ‘ Help-age India’ and
getting of salary of Rs.40,000/- to Rs.45,000/- per month. She
is also the owner of a property bearing no. 247, Pocket-B,
Sukhdev Vihar, New Delhi which was purchased by respondent
no. 1 in her name. On this account also, no relief can be
granted to the complainant in view of the judgment of Hon’ble
High Court in the case of ‘ Sanjay Bhardwaj Vs State of Anr.
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2010(3) LRC, 289 (Del).
32. Veracity of the complainant testimony stands
punctured as she has contradicted herself on many material
aspects during her deposition as discussed herein above.
33. It is not disputed that complainant used to get
Rs.17,000/- per month from the account of the company. In her
complaint, she alleged that she was dragged into business in a
company owned by respondent no. 2 and was forced to work
and that she would take care of all the household expenses
from her said income. In Court, the complainant has stated that
this amount of Rs.17,000/- was only towards her pocket
expenses.
34. On one hand, the complainant alleges that
she was treated like a maid servant and was made to do all
household work. Whereas, during her deposition, she admits
that she had lived a luxurious lifestyle at the time when she was
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residing with respondent no. 1 and had several servants to
lookafter the household work, she would to visit Oberoi Hotel
for haircut and her children used to visit five star hotel, pastry
shops and she was regularly taken on vacations & was using
premium health clubs & other facilities. All this has been
admitted by the complainant herself on oath before the Court &
goes on to disprove the allegation of complainant economically
and physically abused as alleged. Thus, the complainant has
failed to prove the case on merits. Rather, the testimony of
complainant contradicts the averments made by her in the
applications filed by her & shows the extent to which she has
manipulated pleadings to claim money & other reliefs and has
indeed obtained interim orders by misleading the Court.
35. Otherwise also, the complainant is an
educated lady, earlier helping the respondent in his business
and now employed with another Export Company & admits to
be possessing good communication skills. However, during her
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deposition, she feigns ignorance about the fact whether she is
a Director of Nag Exports Pvt. Ltd. or not. It is highly
unbelievable that an educated lady, moving in high circles,
visiting high end restaurant and five star hotels regularly and
being aware of her rights would sign certain documents at the
mere asking of her employer when such document appoints her
as one of the Directors of the Company. It is highly
unbelievable that the complainant would sign Ex.CW1/A to
Ex.CW1/E solely at the asking of her employer and CA even
without understanding the nature of such document. All these
documents show that complainant is one of the Directors of
Nag Exports Pvt. Ltd., while the complainant deposes that she
‘does not have any idea’ whether she is a Director of Nag
Exports Pvt. Ltd. or not. At another stage, she deposes that
she ‘forgot’ whether she is a Director of Nag Exports Pvt. Ltd.
or not. She, very conveniently deposes that ‘she has no
knowledge whether she consented to act a Director of Nag
Exports Pvt.’ Ltd. The complainant also forgets an important
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issue whether she had filed her Income Tax Returns for the
years 2008, 2009 or 2010.
36. The bank statement of complainant shows a
credit of Rs.33,00,000/- INR (in foreign Exchange) in the
personal bank account of the complainant. While the
complainant does not deny the credit of this amount, she states
that this amount was towards the expenses of the company
and salaries of the employees of Nag Exports Pvt. Ltd. There
is no explanation as to why would the expenses a Private
Limited of company and salaries of the employees such
Multinational Company be credited to the personal account
of ‘Site Manager’. The credit of this amount coupled with other
documents i.e Ex.CW1/A to Ex.CW1/E go on to show that
complainant is one of the Directors of Nag Exports Pvt. Ltd.
37. The complainant also admits that she is a
musician and singer and is giving consultations to various
people on music content. She never remains silent on the
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aspect of remuneration. She never stated that she was doing
this pro-bono. It is a improbable that she is not getting any
remuneration from such highly technical consultation.
38. During cross examination , the complainant
has admitted being one of the Directors of India Operations and
Masala India Events w.e.f June 2010. She is Band member of
‘WOTSHELIKE’. She also admits being employee of Naga Art
Gallary. She has deliberately suppressed her income from
these sources. She has further suppressed her Income Tax
Returns despite specific questions being asked during her
cross examination. From the above discussion, it becomes
categorically clear that complainant has deliberately
suppressed material facts in order to press her claim for reliefs
to which, she is otherwise not entitled.
39. Applicant is entitled for relief under the Act
only if she is able to prove herself as an Aggrieved person as
per section 2(a) of the Act. In the present case the complainant
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has miserably failed to do so. Generally, women are at the
receiving end of Domestic Violence and the present Act is
created solely with a view to provide relief to the victims of
Domestic Violence and not to the perpetrators of the same. The
testimony of the complainant throws light on the conduct of the
complainant and the extent, to which she has falsified and
concocted various allegations and has suppressed important
facts in order to harass the respondents and had misused the
PWDV Act as a tool to extort unjustified money from the
respondent no1 for unjustified personal gain. In such glaring
circumstances, the Court cannot be expected to be sit as a
mute spectator, where the Law, which is enacted solely for
Protection of protect victims of Domestic Violence, is being
misused and abused and made a tool of harassment and
extortion.
40. It has been held by Hon’ble Supreme Court in the
case of ‘Rameshwari Devi & Ors Vs Nirmala Devi & Ors. (4th
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July, 2011) that unscrupulous litigants can harass the
respondent till eternity by abusing the Judicial system.
Imposition of actual, realistic cost would go a long way in
controlling the tendency of false pleadings & forged &
fabricating documents by litigants. It is a fit case which calls for
imposition of exemplary cost on the complainant, so that likeminded
people are dissuaded from resorting to such malafide
practices.
41. In light of the above discussion, the
Application U/s 12 PWDV Act filed by the complainant is
dismissed with a cost of Rs.1,00,000/- (Rupees One Lakh)
to be deposited by the complainant in the account of Blind
Relief Association. The imposition of cost is in furtherance
of the principle that wrongdoers should not get benefit out
of frivolous litigations. Needless to say, all interim orders
stand cancelled.
42. The respondent no. 1 is at liberty to initiate
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appropriate proceedings for restitution, in view of the
undertaking dated 23.03.2010 furnished by the complainant.
Copy of the order be given Dasti.
File be consigned to Record Room.
Announced in the open court on (SHIVANI CHAUHAN)
27.05.2013 MM (Mahila Court) /SED
Saket Court, New Delhi.
27.05.2015
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