Some interesting points in this DVC order.
From Para 10,
There is no pleading and evidence of the petitioner before this Court that the respondent no.1 was consuming alcohol even prior to their marriage or that he had started to consume alcohol from the first day of their marriage or immediately thereafter. According to the evidence of the petitioner the respondent no.1 developed sudden addiction towards alcohol after the birth of their child. The said version of the petitioner is difficult to believe as a person who is a teetotaler for couple of years of his marriage, all of a sudden he develops chronic addiction towards alcohol and spendthrift without any reason.
From Para 11,
The petitioner has stated during the course of her cross-examination that only she and the respondents no.1 and 2 only were residing together, and the respondent no.3 to 6 were residing separately. When the respondents no.3 to 6 were not residing along with the petitioner in her matrimonial house then the manner and mode of the alleged subjection of the petitioner to domestic violence must be specifically pleaded and proved by the petitioner. There is no averment in the pleading and evidence of the petitioner the respondents no.3 to 6 were instigating the respondent no.1 for performing second marriage with another woman by coming to the matrimonial house of the petitioner or through other mediums like communication etc., in the presence and hearing of the petitioner, and also about the manner in which, and the modes through which, she was beaten by the respondents no.3 to 6. The petitioner also did not aver and depose the exact abusive words that was allegedly uttered by the respondents no.3 to 6 to her and also the nature of threat that was allegedly given to her by the respondents no.3 to 6 in absence of the respondent no.1.
From Para 13,
and that on one occasion without informing the respondent no.1 she got terminated her pregnancy when she conceived for the second time after the birth of their son, and that the petitioner has been voluntarily residing separately from the respondent no.1. The evidence of the respondent shows that after their marriage the petitioner was insisting him to set up separate family at the village of her parents at Konijedu village, that the petitioner did not like her mother-in-law shall reside along with them, and that after the birth of their son when the petitioner had conceived for the second child then with the assistance of her sister by name Haseena, who is residing at Nellore town, she got terminated the pregnancy without informing him, has not been challenged by the petitioner during the course of his cross-examination. Thus, the unrebutted evidence of the respondent discloses that the petitioner has rather victimized the respondent no.1.
From Para 14,
The cross-examination of PW2 indicates that she had not personally observed the parents of the petitioner giving Rs.1,30,000/- cash, 20 sovereigns of gold ornament, household articles as dowry to the respondents, as such, his evidence can be said to be hearsay in nature, and unreliable in that regard. The cross-examination of PW3 discloses that Rs.1,30,000/- dowry, gold ornaments weighing 20 sovereigns, and household articles were presented in her absence, and that her evidence is also hearsay in nature, and unreliable in that regard. Per contra the cross-examination of PW3 discloses that gold ornaments weighing 20 sovereigns were presented to the petitioner in her marriage. Thus it can be said that the said gold ornaments were not presented to the respondent as dowry by the parents of the petitioner. The evidence of the parents of the petitioner is the best evidence to prove that the alleged presentation of dowry in the marriage of the petitioner and the respondent no.1 to the respondents. It is not the case of the petitioner that her parents are not more alive. The parents of the petitioner are not examined by the petitioner before this Court. Hence, an adverse inference is drawn under section 114(g) of the Indian Evidence Act against the petitioner for not examining her parents to establish the alleged presentation of dowry in her marriage by her parents to the respondents.
From Para 15,
Shaik Mehataj @ Jareena Vs Shaik Humayun on 3 October, 2016The petitioner has claimed maintenance @ Rs.10,000/- per month from the respondent for herself and her son. The petitioner did not plead and testify before this Court about her inability to maintain herself and her son, and also about the sufficiency of the means of the respondent no.1 to provide maintenance to her and her son.
