BEFORE THE HONBLE XVIIth METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI Crl.M.P.Nos.

of 2011

in M.C.No. 49 1. Mr.Sardarmal Gothi Son of Mandanlal Gothi 2. Tmt.Kamala Kanwar Gothi w/o Sardarmal Gothi 3. Tmt. Rakshitha w/o Vivek Gulecha -VsTmt.Pinky Gothi Wife of Deepak Gothi .Respondent/petitioner ..Petitioners/Respondents of 2011

COMMON COUNTER FILED BY THE RESPONDENT/PETITIONER The respondent begs to submit as follows:

1. The respondent is living at Old No.9, New No.29, Flat D, 1 st Floor,

Gothi apartments, Shivaji Street, T.Nagar, Chennai 17, and not as stated in the petition. The address of the respondent as stated in thepetitioner is misleading and incorrect. 2. The petition u/s 205 Cr.P.C. is not maintainable.

3. The provision u/s 205 Cr.P.C. is not applicable in the proceedings initiated under the Protection Of Women From Domestic Violence Act 2005. The Act does not contemplate the words Complainant and Accused to any party, pending proceedings. On the other hand, Petitioner and Respondent(s) are the nomenclature given to the parties in such Proceedings. Moreover, the proceedings initiated before this Honble court is not a Criminal Proceedings. The provision u/s 205 Cr.P.C. is meant only for ACCUSED and as such the petitioners herein cannot usurp the powers of this Honble court u/s 205 Cr.P.C. So, the petition is coined under a wrong provision, and therefore not maintainable and devoid of merits.

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4. The respondent states that until and unless an order is passed under the PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005, and the same is violated the question of Accusation does not arise under the Act. So, the petitioners/respondents are not accused under section 205 Cr.P.C. to avail such remedy.

5.

The averments contained in para 3 of the petition filed by

Mrs.Kalmala Kanwar Gothi and Mr.S.Sardarmal Gothi does not supported by any documentary materials.

6. Under the Act, Sec.12 (4) :- The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5):- The Magistrate shall endeavour to dispose of every application made under subsection within a period of sixty days from the date of its first hearing.
So, the intention of the Legislature is to give remedy to the affected woman in a shortest possible time frame. While being so, the presence of the petitioners are just, must and necessary to dispose of the proceedings without any delay. If the petitions are allowed the proceedings will be stalled and this Honble court may not be in a position to hand down remedies to meet out the requirements fixed under the Act. 7. Without prejudice to the above contentions, the respondent begs to state that The petitions filed u/s 205 Cr.P.C. does not meet out the requirements ( Affidavit & Petition with undertakings, special vakalat of the Advocate etc.,) as enunciated by the Honble Supreme Court and Various Honble High Courts and on the very ground the same are liable to be dismissed. 8.

The petitioners had preferred these petitions with an ulterior

motive to protract the proceedings causing undue delay in passing any orders in accordance with law. Hence it is prayed that this Honble court may be pleased to dismiss the petitions and thus render justice. Dated at Madras on this 13th day of October 2011

Counsel for respondent

BEFORE THE HONBLE XVIIth METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI

C.C.No.

of 2011

Tmt.Pinky Gothi ( years) Wife of Deepak Gothi D/o. Bherulal Kothari Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17.

.petitioner/complainant

Vs 2. Deepak Gothi, aged 29 years, Son of Sardarmal Gothi No.24/11, Radhakrishanan St., T.Nagar Chennai 600017 3. Mr.Sardarmal Gothi Son of Mandanlal Gothi No.24/11, Radhakrishanan St., T.Nagar Chennai 600017 3. Tmt.Kamala Kanwar Gothi w/o Sardarmal Gothi No.24/11, Radhakrishanan St., T.Nagar Chennai 600017 4. Tmt. Rakshitha (28 yrs) w/o Vivek Gulecha 477, Mint Street, Kondithope, Chennai 79.

..REspondents

PETITION FILED UNDER SECTION 12 R/W Sec.18,19,20,22,23 of PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 PETITINOER Tmt.Pinky Gothi, Wife of Deepak Gothi, and Daughter of Mr.Bherulal Kothari, now temporarily residing at Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17 and the address for service of all the notices and processes is that of her counsel M/s Kirubakaran, R.Sreerangan, M.Balakrishnan at 256, Law Chambers, High Court, Chennai. 104.

RESPONDENTS
1. Mr. Deepak Gothi, son of Sardarmal Gothi, aged 29 years, 3

permanently residing at No.24/11, Radhakrishanan Street, T.Nagar Chennai 600017.

2. Mr.Sardarmal Gothi, Son of Madanlal Gothi, aged about

years, permanently residing at No.24/11, Radhakrishanan Street, T.Nagar Chennai 600017. Tmt.Kamala Kanwar Gothi wife of Sardarmal Gothi, Hindu, aged about years, permanently residint at No.24/11, Radhakrishanan Street, T.Nagar Chennai 600017.

3.

4. Tmt. Rakshitha, wife of Vivek Gulecha, Hindu, aged about 28 years, residing at No. 477, Mint Street, Kondithope, Chennai 79. The address for service of all the notices and processes on the respondents is as stated above.
1. The petitioner submits that her marriage was solemnised with the 1st

respondent, Deepak Gothi, Jain, on 21.5.2005 at Raja Muthiah Hall, Egmore, Chennai, as per the Hindu rites and customs in the presence of the family members.

2. The petitioner states that after marriage, she lived with her husband

along with father in law Sardarmal Gothi, mother in law Kamala Gothi and sister in law Tmt.Rakshitha at No.24/11, Radhakrishanan Street, T. Nagar Chennai 600017. There is no children born out of the marriage.

3. The petitioner states that as per the respondents expectations, she

was given dowry of gold jewels weighing 3 kilograms, silver articles weighing 100 kilograms, 2 diamond sets, Ford Ikon car bearing reg.No. worth 7.5 lakhs, other articles such as furniture, vessels and gifts worth Rs. 21 Lakhs and Rs. 25 Lakhs in cash by her parents. The petitioner states that soon after marriage, the 3rd respondent mother in law Kamal Gothi kept all the above jewellery, silver articles and cash in her custody and refused any access over the same, inspite of repeated demands, she was refused to wear the jewelleries.
4. After a couple of days of marriage, the mother in law along with

sister in law Rakshitha till she was unmarried and used to reside with us in my marital home, who is now married to Mr.Vivek Gulecha, started treating the petitioner indifferently. They were always jealous of me and left no occasion to create problems between the petitioner and her husband. The mother in law did not allow the petitioner to use of any of the things given to the petitioner by her parents, instead used to taunt her and insult her parents for not giving more dowry.

5. The petitioner states that during her stay she was not provided basic

amenities like food, clothes etc.

when requested for the reason of such

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behaviour, they say that the petitioner was not upto their expectations and they wanted a richer bride who would have brought even more dowry and Jewellery.

6. The petitioner states that in the initial days of marriage, the first

respondent was happy with the marriage. However, due to mother in laws and sister in laws interference, the first respondent used to scold, behave indifferently and refused to spend any time with the petitioner. The petitioner states that deliberately the mother in law wantonly send the husband on frequent out station trips. When ever he was in station, she used to not leave the bedroom and give frequent phone calls every now and then, thereby did not give them to have any private time together to have their marriage bliss. The petitioner states that the mother in law used to threaten that she will convince the first respondent, husband for another marriage if she complains to her husband about the harassment met at their hands. On the other hand, even if the petitioner complains to her husband, he used to get furious and did not believe her words, thereby indirectly encouraged the inlaws continuing their harassment.

7. The petitioner states that subsequently things went so bad, with

intention of getting the first respondent remarried, several occasions, the mother in law mixed some drugs in the petitioners food in order to poison and kill her. When questioned about the mixing of suspicious materials, the 3rd respondent used to dump the food in dustbin to conceal her misdeed. Due to that, the petitioner could not have her food peacefully.

8. The petitioner states that the mother in law along with sister in law

and her sisters son in law one Kailash Khabia attempted to kill me by loosening the chandelier so that the same falls on her to make it appear that the petitioner was killed in a freak accident.
9. The petitioner states that because of these instances and frequent

fights, during January 2006, she suffered high fever and even then she was not taken to any doctor and provided with any food or medical assistance. As the parents were called, they took the petitioner to Harilal Hosptial, Royapuram, Chennai where she was diagnosed of suffering from typhoid. The petitioner was taken care by her parents and brother during her stay at hospital and none of the respondent attended.

10. After the discharge from the hospital, when she went to the marital

home once again the mother in law stealthily mixed anti diabetic drugs in the food kept on the table. When the same was questioned, the mother in law along with sister in law and one Kailash Khabia beat her, pulled her by hair and abused with unparliamentary words. Several times, the petitioner was thrown away from the matrimonial house and denied entry into the house and thus the petitioner had to stay at the threshold of the house for several hours.

11. As the petitioner had to stay at her matrimonial home with constant

fear and danger to life, she had to complained to her parents and there were many occasions of counselling and also many panchayats involving the husband and both the family members in front of relatives, but in vain. The petitioners husband and his family members refused to pay any heed to advices and outrightly denied to accept the petitioner and help her to live with them peacefully.

12. The petitioner states that after many attempts, finally during December 2008, the husband agreed to live with the petitioner separately in a Flat at Old No.9, New No.29, Flat D, 1 st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17. The petitioner states that soon after few days, the mother in law started visiting the home frequently and also used to call the petitioners husband to live with her by leaving the petitioner aloof. The petitioner states that due to the ill advice of the 3 rd respondent and others, the 1st respondent took away all the gold and diamond jewellery and compelled me to open a joint locker account in Union Bank of India, T. Nagar Branch, operatable by both 1st respondent and the petitioner. The petitioner came to know that the 2nd and 3rd respondents had instructed the 1st respondent that the petitioner should never be allowed to open the locker and use the jewellery. The petitioner states that 100 kilograms of silver articles and cash and other gifts were retained by mother in law and are still in her custody and the petitioner has no access to them and was not returned till date.

13. The petitioner states that the 2nd and 3rd respondents always used to find some reason to call the 1st respondent to stay with them. The husbands parents frequently used to send him to outstation business trips involving several weeks and sometimes months. In his absence, the petitioner has to live alone, in fear of loneliness and danger to her life. During those periods, the 1st respondent never bothered to call her to enquire about her well being. Whenever the petitioner called him, he used to chide and bang the phone.

14. The petitioner states that even when she attempted to enquire her inlaws about the husbands stay and whereabouts she was never allowed to get entered in to their house. Instead the petitioner was thrown out of the house whenever she attempts to find her husbands whereabouts.

15.

The petitioner states that her husband is vice chairman of his family

run business under the name of style of M/s. Gothi Constructions which deals in constructions, real estate business, eking several crores of profit. The office was in the same premises where the respondents currently reside. Even last month between June 21- 30 2011, with intention to talk with the 1 st respondent and bring him back to the petitioners home, and every day when she tried to meet her husband in his office, the mother in law used to beat her and throw her out of the office. This caused the petitioner to face lot of insult and humiliation in front of outsiders.

16.

The petitioner states that on 10th June 2011, when she was in home

alone, her husband, his parents both Sardar Gothi and Kamala Gothi, came around 10 PM and asked the petitioner as to why the petitioner was staying there. They said that they would not return the jewels and asked her to leave the flat immediately. They snatched the petitioners cell phone and did not allow to contact her parents. When she started wailing, the mother in law Kamala Gothi tried to smother her with cloth, and Sardar Gothi kicked her to go out and when she attempted to wriggle out, she was punched indiscriminately leading to swollen face. There after the petitioner was forced to leave the flat and go to her parents home on the night. The petitioner states that though she was chased out, she waited in vain hoping that good sense will prevail and she will be accepted. But her submissive nature was fully exploited by them and they came to her parents house and threatened that if any legal action is taken, they would not reconsider reunion.

17. The petitioner submits that having no other go, she complained on 5.8.2011 to the W5- Vepery All Women police station in CST 173 of 2011 and as the case was not properly enquired into, the same was complained to the Deputy Commissioner of Police,Vepery, Chennai. Thus on 11.08.2011 the above complaint is stand transferred to the W6, All women Police station, Secretariat colony, in CSR No.173 of 2011. During the course of enquiry, the respondents in particular the 1st to 3rd respondent demanded half of the petitioners gold jewels kept in the locker to be handed over to them as a condition to return the other stridhana articles including the half portion of gold jewels,
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18. The petitioner states that pending enquiry the respondents are involving in illegal and unlawful activities to dislodge her from her matrimonial home at Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17, where the petitioner is residing. Due to the unlawful and dangerous activities and threat to life, she is returning to her parents house at Purasawalkam, during nights and staying in her house during day time. The petitioner is put under constant fear that her life is in danger. Unless a direction or order is passed by this Honble court, her stay at Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17, will be disturbed at any time and the respondent may cause harm to her life and property. Hence it is appropriate and reasonable to pass appropriate restraining order against the respondents herein from disturbing the peaceful possession and enjoyment of living at Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17. 19. The 1st respondent husband along with his family threaten the petitioner that unless she consent for divorce, they will not return the gold jewellery and silver articles and cash and other things to her and allow her to live in peace.

Hence, the petitioner humbly prays that this Honble court may be pleased to 1. to take congnizance of the offences committed by the respondent on this application 2. Not to alienate the Stridhana properties from the respondents home. 3. To order for the return of the possession of the Sthridhana properties and her assets in the List of Articles hereunder to the petitioner before this Honble court 4. To pass an direction to the first respondent for the payment of maintenance amount of Rs. 1 lakh per month to the petitioner for the date of this application 5. To pass an order directing the respondent to pay a compensation and damages of Rs. 2 Crore for the injuries, including the mental torture and emotional distress caused by the respondents and 6. To pass a residence order u/s 19(1)(a) r/w (d) retaining the petitioner to live or stay at No. Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17. 7. To pass an exparte interim order/ direction u/s 23 to the 3rd respondent from alienating the property at. Old No.9, New No.29, Flat D, 1 st Floor, Gothi
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apartments, Shivaji Street, T.Nagar, Chennai 17, so as make the petitioner live in her residence. And pass such other order as this Honble court may deem fit and necessary and thus render justice. Dated at Madras on this 22th Day of August 2011

Petitioner VERIFICATION I, Tmt. Pinky Gothi, wife of Deepak Gothi, Hindu, residing at . Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17, do hereby verify that the contents of the above complaint are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed threfrom. Verified at. Madras on this 22nd day of August 2011 LIST OF ARTICLES GIVEN AS STRIDHANA TO THE APPLICANT Silver Articles 30 kgs 1. 1 p BIG THAL 2. 6P Big plat 3. 6p M.plate 4. 6 p S.Plate 5. 6p Glass 6. 12p Katori 7. ice tray bowis spoon 8. 3p handi 9. 12p spoon and forks 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 1p jug soup bowl sppon tray 5pservice sppon 6 p catani katori 1p tray 1p supari baddi 1p tray 1ppooj thali 1p ganesh ji 1p kacctroia 1p big thal
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21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40.

5p thal 28 p katori 12p plat 1p vatko 1p lota 6pglass 1p chomak 6p glass 1p chemak 24p soupspoon 1p gilodi big 1p chopac 2p big joth hig 1p lota gadvi 1p gilodi small silver balls 1p kalash narigoal tray 6 plates 6 spoon dry fruit box ganesh ji

VERIFICATION I, Tmt. Pinky Gothi, wife of Deepak Gothi, Hindu, residing at . Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17, do hereby verify that the contents of the above complaint are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed threfrom. Verified at. Madras on this 22nd day of August 2011

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VERIFICATION I, Tmt. Pinky Gothi, wife of Deepak Gothi, Hindu, residing at . Old No.9, New No.29, Flat D, 1st Floor, Gothi apartments, Shivaji Street, T.Nagar, Chennai 17, do hereby verify that the contents of the above complaint are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed threfrom. Verified at. Madras on this 22nd day of August 2011 List of documents 1. AIR CELL BILL in the name of DEEPAK Gothi 2. Electricity CARD issued by TNEB

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BEFORE THE HONBLE XVIIth METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI

C.C.No.

of 2011

Tmt.Pinky Gothi

..petnr

Deepak gothi And others

12

..respts.

COMMON COUNTER FILED BY THE RESPONDENT/PETITIONER

M/s. M.BALAKRISHNAN R.SREERANGAN VASU COUNSEL FOR PETITIONER

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