Professional Documents
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Petition - D.V Act
Petition - D.V Act
BETWEEN:
1. Mrs. Vinamratha,
W/o: Mr. Santhosh Gopal,
Age: 29 Years
AND:
Working/at:
M/s Genpact India Pvt.Ltd.
Sez Pritech Park, Tower 12,
9th Floor, Outer Ring Road,
Varthur Hobli, Bellandur,
Bangalore-560 103.
3. Mr. Gopal.T,
S/o Timmaiah,
Aged about: 60 Years,
2. The present petition is being filed by the Petitioner wife as against the
Respondent husband and in-laws on the grounds of extreme physical
and mental cruelty beyond a reasonable count of women. This Petition
would stand out as against any other Petition for it deals with inhumane
persons who are beyond redemption. The revolting and repulsive
content in the Petition which deals with the nasty and nauseating
behaviour and actions of the Respondents has been presented before
this Hon’ble Court with great difficulty by the Petitioner who has
approached this Hon’ble court as a last resort with no other avenue to
get basic rights for her child and herself.
4. The Petitioner No.1 was not treated properly by the Respondent No.1
and on the other hand, the Petitioner No.1 was subjected to mental and
physical cruelty. As such the Petitioner No.1 hails from the traditional
family and she suffered all humiliation silently with fond hope that the
Respondent No.1 would realize his mistake and unruly behavior. The
Respondent No.1 is also suspicious in nature and always making false
allegation. This apart, the Respondent No.1 is an habitual drinker and a
chain smoker, the Respondent No.1 will become more aggressive in
nature when he is in inebriated condition.
5. It is submitted that the Parents of Petitioner incurred all the expenses in
respect of Marriage and also reception which was celebrated in the
grand manner as per the demands and wishes of the Respondents. At
the time of Marriage the Respondent No.1 was given away 24 gms of
Gold Chain, 10 gms gold ring and 2.5 Lakhs in cash along with a Silk
dhothi and Woodland sandals by the parents and the Grand mother of
Petitioner No.1. Also as per the demands of the Respondents other
articles like 250 gms silver plate, 250 gms of silver Kalasha, 100 gms
Silver Deepa set, and vessels worth Rs.1,00,000/- were given along with
the above mentioned valuables. The Respondents initially who had
agreed to present a Mangalaya chain to the Respondent No.1 at the
time of marriage later stepped back from the same under the pretext of
lack of finances due to the expenses incurred by Respondents towards
the marriage of the elder brother the Respondent No1.
7. It is submitted that, the Petitioner herein at the time of the marriage was
a college going student at Reva Institute of Technology, Bangalore who
was graduating Bachelors in Engineering (B.E), Computer Science
Branch and had just completed her 2nd Academic year in the professional
course. The Respondents had wilfully accepted in the presence of the
elders even prior to engagement that they would be very proud of the
Petitioner if she continued to study after marriage and the expenses in
respect of the same would be borne by the Respondents themselves.
But soon after the marriage, the Petitioner experienced torturous
situations wherein the Petitioner was made to walk for her tuitions at
Vijayanagar all the way from her matrimonial house at
Basaveshwarnagar which are 8 Kms apart on many occasions. On one
fine day the Respondent No.2 verbally abused the Petitioner as a
shameless and self-centered wife who was burdening her husband to
with academic fees, tuition fees and other stationery expenses also
Respondent No.2 with an ill intention to dodge the responsibilities had
informed the Petitioner the she would be allowed to continue her studies
provided the burden of the same was borne by the parents of the
Petitioner. The Petitioner who then knew the family status and financial
situation at the natal house chose to discontinue her professional course
due to taunts of the Respondent No.2 and non-supportive and un-due
influence of the Respondent No.1 himself.
8. It is submitted that, during the early days of the marriage the Petitioner
was abused frequently for petty issues. The Petitioner was still learning
to cook and if the Rasam had less salt or the Ragi ball did not come out
perfect and the Petitioner would ask the Respondent No.2 to help her
out agitated by the same the Respondent No.2 would complain the
Respondent No.1 under the pretext that the Petitioner treats her like a
maid servant in the kitchen and the Respondent would start a fight and
abuse the Petitioner physically as he waited for a chance to resort to
physical abuse of the Petitioner. The Petitioner when defending herself
was not supposed to retort as it was taken as disobedience of the
Respondent’s actions as he expected the Petitioner to withstand the
torture without any confrontation. The Respondent No.1 ill temper was to
be construed as his nature and the Petitioner was supposed to adjust to
all his actions and behaviour. The Petitioner would be scared all the time
and always lived in the fear of facing the wrath of the Respondent No.1
tantrums and violent behaviour. The Petitioner, due to the severe torture
meted out to by the Respondent, took ill frequently. The Petitioner,
unable to bear the Respondent’s torture often wished and prayed that
she died instead of being at the receiving end of the Respondent’s brutal
behaviour. The Petitioner tried everything she could to keep the
Respondent and his parents happy but all were in vain. The
Respondent’s mother, being a woman, insensitively supported the
Respondent in his actions.
11. It is submitted that meanwhile during the ninth month of pregnancy of the
Petitioner, the Respondents never bothered to perform the customary
practice of Sreemantha, the Petitioner was then taken to her natal house
by her parents who then incurred all the expenses of Sreemantha of the
Petitioner and the Respondent No.2 and No.3 willfully avoided attending
the same.
12.It is submitted that, the Petitioner’s pregnancy was again most unhappy
and torturous period as the Respondent’s first words when he was
informed of the pregnancy was him suggesting the Petitioner to abort the
baby despite having discussed and planned to have a baby. The
Respondent No.2 and No.3 were also not happy with the news of the
pregnancy of the Petitioner but instead the Respondent No.2 had
taunted and verbally abused under the pretext that petitioner got
conceived to compete with her Co- sister who had also conceived during
the same time period. During the Pregnancy the petitioner was
hospitalized due to weakness. The Respondent No.1 continued to abuse
the Petitioner verbally and physically during the pregnancy too. The
Petitioner was shocked repeatedly that the Respondent would stoop to
the levels of resorting to physical abuse of a pregnant woman.
13.It is submitted that on 27th day, January 2008, Petitioner rushed to the
gynecologist at Chaya Nursing home, Malleshwaram, Bangalore
reporting mistimed bleeding and hence upon the advice of the doctor the
Petitioner was shifted to Columbia Asia, Hebbal, Bangalore. The
Petitioner though in immense pain and suffering had courtesy to inform
the same to the Respondents who were not present at the hospital. The
Respondent No.1 in order to assist him had arrived at Columbia Asia
Hospital along with his bachelor friend. By feeling the same un-just due
the presence of an outsider instead of Respondent No.2 and No.3
presence, the grand mother of the Petitioner politely adviced the
Respondent No.1 to take back his friend during which the Petitioner not
only showed unruly behavior in front of an elderly person but also
reported the same to the Respondent No.2. Later when all the
Respondents arrived at the Hospital, instead of rejoicing the moment of
welcoming a new born in the family, the Respondent No.2 abused the
Petitioner’s parents, grandmother and other relatives with filthy language
and also forecbly took away the Petiitoner’s Husband from the Hospital.
The Petitioner who always anticipated the presence of the Respondent
by her side underwent traumatic scenes even during her per-labour
admission at Hospital.
15. On such occasion, for the reasons best known to him, the Respondent
soon after the marriage informed the Petitioner that he wanted to live an
independent life moving away from his parents house. The Petitioner
without asking for reasons continued to support the same in lieu of
avoiding further abuse from the RespondentNo.1. Therefore upon
moving away separately from the from the Matrimonial House, the
Petitioner along with the Respondent No.1 rented out a house near
Ramamandir, Rajajinagar, Bangalore. During such stay in a rented
house, the Respondent No. had voluntarily resigned to his employment
at for the reasons best known to him at Fidelity Investments, Bangalore
and for a further period of 9 months the Respondent was taken care by
the Petitioner herself incurring a total expense of Rs.2,00,0000/-(Rupees
Two Lakhs Only) by making payments towards, the house rent,
groceries, instalments towards the Automobile purchased by the
Respondent No.1 and other incidental expenses for the house and the
infant. Such expenses were met by the Petitioner by working at the
factory of the Petitioner’s Father who were the manufacturers of the
Aerospace components to preserve the identity and credibility of the
Petitioner and the Respondent No. 1. It is further submitted that the
Petitioner’s family had tried their best to help the Respondent No.1 who
was in search of the employment but the Respondent No.1 being highly
specific about the employment in which he intended to work was idle at
the house and never bothered to help the Petitioner in the maintenance
of the house hold too but on the other way manhandled and resorted to
physical torture whenever the Petitioner expressed her difficulty in
maintaining the household.
16.It is submitted that the Petitioner started her own small scale
manufacturing unit at Bhadrappa Layout, Bangalore as a bold step to
uplift the status of her family. Hence at the same time the Respondent
No.1 got placed in the IBM as a contractual employee and subsequent to
which the Respondent No.1 by forced the Petitioner to move their
residence to the house at Bhadrappa which was gifted by the
Petitioner’s Mother to the Petitioner under the pretext that the Petitioner
can look after the house hold and also her manufacturing unit which was
located in the premises of the house itself.
17.It is submitted that the Respondent No.1 was successful in forcing the
Petitioner to move the residence at Bhadrappa layout and the levels of
complacency move up on the scale as the petitioner toiled at the
Manufacturing unit. The Petitioner initially with drew himself to pay for
the household and went on to take step back from paying the academic
fees of their kid. The Respondent during the period was solely
responsible and played key role in loss of Respondent No.1 business as
the Respondent No.2 made the Petitioner a scape goat for all the
payments which included, Credit card bill, Automobile Installments,
House hold maintenance, Academic and incidental expenses of
Petitioner No.2. Therefore the Petitioner in order to avoid further damage
to her reputation, closed down the factory and sold the machinery
deployed to meet the debts/financial assistance which were taken by her
to start the business. It is further submitted that the Petitioner was
subjected to utmost physical abuse when the Respondent No.2 closed
her business and would taut the Petitioner everyday that she is not fit to
be his wife for not having supported the Respondent No.1 financially
towards his lavishes
18. It is further submitted that in the year 2013, the Respondent No.1
completed his MBA from Kuvempu University. The Petitioner had played
a major role in encouraging the Respondent No.1 in pursuing his Post
graduation as the Respondent No.1 was facing difficulties in his
professional life without a professional degree. Meanwhile the
employment of the Respondent No.1 was regularised from the
contractual work at IBM, Bangalore. It is further submitted that
meanwhile the Respondent No.1 had invited Respondent No.2 to the
residence where the Petitioner and Respondent No.1 were staying at
Bhadrappa layout and during such brief period of 1 week the
Respondent No.2 had intimidated the life of the petitioner with
respondent No.1. It is further submitted that on one such occasion the
Respondent No.1 had taken the petitioner to her matrimonial house on a
weekend as the Respondents No.2 and No.3 intended to see the
Petitioner No.2, grandson, when the Respondent No.1 and No.2 started
abusing the Petitioner No.1 by making her responsible for the mental
agony faced by the Respondents No.2 & No.3 by staying away from the
Petitioner No.2, the grandson and when the Petitioner tried to make a
conversation and explain herself, all the Respondents got agitated for no
reason and then the Petitioner No.1 decided to get back to her house
situated at Bhadrappa layout along with Respondent No.1 by making the
Petitioner No.2 stay with the Respondent No.2 and No.3 with a wise
thought that the love and affection of the petitioner No.2 the problems
would get solved overnight. Therefore on the way back home in the car
the Respondent No.2 was brutally beaten up in the car with the mobile
phone, air-freshener bottle and resorted to even punching the Petitioner
on the stomach and while Petitioner No.1 tried to get off the car the
assault continued towards the petitioner even on the Road and the
Petitioner was again dragged back to the car and was made to forcebly
sit in the car creating most chaotic scene of the Petitioner No.1 marital
life, hence the Petitioner somehow with the help of on-lookers again got
out of the car and walked all the way to her natal family from the
Malleshwaram to seek the assistance of her parents and to take defence
from the physical torture hence only then the parents of the Petitioner
No.1 realised the gravity of the torture faced their daughter. On the same
day, the Respondent No.1 reached the house of the Petitioner No.1 natal
house and wherein the elders convinced the Petitioner No.1 to go back
to her residence at Bhadrappa layout by mediating over the issue.
19.It is submitted that the Respondent No.1 under the pretext of preserving
his self-respect forced the Petitioner No.1 to vacate their dwelling place
and moved to rented place situated at Devinagar on 11-09-2014,
Bangalore but on the other hand the Parents of the Petitioner No.1
frequently visited the the Petitioner No.1 to see to that their daughter
was safe from the abusive nature of the Respondent No.1. Hence in lieu
of the same the Respondent No.1 threatened the Petitioner No.1 to
divorce her if she entertained her parents so the Petitioner even then
had place here priorities to marital life to physical abuse and assented to
avoid her parents and Petitioner No.1 instructed her parents to stop
visiting her.
20.It is submitted that the Respondent No.1 resorted to even more abusive
acts by forcing the Petitioner physically wherein the Respondent No.1
insisted on imitation of pornographic acts and upon declining the same
the Respondent No.1 has ruthlessly beaten up the Petitioner with
footwear, toilet products and any object which was reachable to his hand
at the instances.
21.It is submitted that the on 28-04-2016, the Respondent No.1 who had
been an habitual abuser, assaulter picked up fight with the petitioner for
a trivial issue and went on the hit her brutally with a mop-stick and
punched on her face, stomach and on her private parts sustained
grievous pain, hence as a last resort she contacted her parents and
informed the same. Agitated by the barbaric act of the Respondent No.1,
the Petitioner No.1 and her parents went on to report the same at the
jurisdictional police station. Somehow being aware of the same and with
an apprehension of the consequences to be faced, the Respondent No.1
approached natal house of the Petitioner No.1 and apologized for the
same.
22. It is submitted that the Petitioner No.1 being a dutiful wife obliged and
has taken all kind of responsibility towards welfare of the family. But the
Respondents had made unnecessary allegation against the Petitioner
No.1 and had spread false rumors among the relative as result the
Petitioner No.1 had to face all sorts of humiliation and cruelty. Whenever
the Petitioner No.1 spoke to her male relatives/colleagues or even the
shop vendor, the Respondents would try to create stories of illegal
relationship between them and spread the false rumors amongst
relatives, this itself is sufficient and crystal clear that the Respondents
are suspicious by nature.
23. Whenever the Petitioners tried to convince the Respondent No.1 and his
parents, she and her father have been threatened of filing divorce case,
if they tried to come back to matrimonial home. The several counseling
in the presence of the elders, well wishers, relatives and friend to lead
the cordial marital life was failed even after the elders advised the
Respondents.
26. Petitioners are currently residing in Bangalore. Hence this Hon’ble Court
has jurisdiction over the matter.
PRAYER
Place: Bangalore.
Date:
VERIFICATION
I, Vinamratha.S, the Petitioner No.1 herein do hereby state and verify that what
is stated above are true and correct to the best of our knowledge, belief and
information.
BANALORE PETITIONER
DATE:
BEFORE THE ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
BANGALORE
BETWEEN:
AND:
AFFIDAVIT
1. I state that I am the Petitioner No.1 in the above mentioned Petition and
as such am aware of the facts of the case, and hence competent to
swear to this affidavit and on behalf of my daughter as natural guardian.
Bangalore.
Date: DEPONENT.
Identified by me:
Advocate:
AND:
I, LEENA NAMBIAR, W/o: Mr. Murali Menon, Age: 36 Years R/at: No.3,
Pushpa Nilayam, 2nd Main, 2nd Cross, Horamavu Road, SMV Nagar,
Bangalore-560 016, do hereby solemnly affirm and state as follows :-
1. I state that I am the Petitioner No.1 in the above mentioned Petition and
as such am aware of the facts of the case, and hence competent to
swear to this affidavit and on behalf of my daughter Petitioner No.2 as
natural guardian.
Bangalore
Date: -08-2016 Deponent
Identified by me
Advocate
No of correction.
BETWEEN:
AND:
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