HEADNOTES:
Para 14. "........ It evinces to myself that, the factum of wedlock is not denied by either parties. Secondly, it is the case of the applicant that, the respondent No. 1 had failed to fulfill the marital obligations as expected and the reason assigned for the same is certain such incidents which she states with regard to such sexual inability of the respondent No. 1 to perform such marital obligation. In this regard, she has stated that, the respondent No. 1 never ever had complied with any such marital obligation, as he was sexually inactive for the reason that he was committed with certain other male individuals. Also, it is stated that, he consumed such instigating tablets and more especially when he never had any such intercourse with her. Further, the respondent No. 1 has categorically denied this contention thereby stating that no such website ever exists and that the contentions pertaining to his sexual inability are not fortified by any documentary evidence as such. It is the case of the respondent that the applicant has failed to state the form of domestic violence caused to her."
Para 15: "Considering the tenor of Section 3 of the Domestic Violence Act it can be clearly inferred that, the term domestic violence in corporates for a wider scope and it is not at all limited for mere physical injuries or abuse, but the same can also be stretched pertaining to sexual, verbal, emotional and economical abuse. And therefore, it is rightly observed by the Ld. Trial Court that any act or omission or commission or conduct of respondent in violation of the same would naturally let the conduct under the purview of domestic violence."
Brief Facts:
"The applicant and respondent No. 1 i.e. the husband entered into a wedlock as on 24.12.2016 as per the customary rites and rituals of the parties. It is further stated that, after such solemnization of marriage the applicant cohabited with the respondent No. 1 at the matrimonial premises at Gowandi, Mumbai. It is stated that, the Mother-in-law of the applicant post engagement demanded several household articles and that due to the incapacity shows by the applicant's parents the marriage was called out. Further, upon the apology by the mother-in-law of the applicant the demands were withdrawn and inspite of the same the applicant's parents had gifted her several such gifts and articles inclusive of gold ornaments etc. to the respondent No. 1 husband. Post their marriage the applicant was sent by the respondent No. 1 to her parental home for a few days and that thereafter, she was informed that, they would go for honeymoon later on.
5. Accordingly, the applicant was at her parental home as on 04.01.2017 and thereafter as on 05.01.2017 the applicant returned to her matrimonial home. However, there was no consummation of marriage until 14.01.2017 and when the respondent No. 1 was asked about such fact, he stated nothing. Further, the applicant was preparing for competitive exams which were due on 28.01.2017. Thereafter, respondent No. 1 started coming late at night under the garb of the workload in the office. The applicant also apprehended of any such extra marital affairs as certain things were noticed by her. Further, the application mentioned for several such incidents, more especially with regard to the fact that as on 04.03.2017 while the applicant was studying and respondent No. 1 was asleep it came to her notice that the respondent No. 1 was indulged in sex chatting with a male. It is also stated that, later the respondent No. 1 create fictitious facebook account and the said facebook account reflects for respondent No. 1's compromising position with other men.
6. Further, several such attempts were made by the applicant to establish relation with the respondent No. 1, but they were in vain. Applicant also went to her family doctor and disclosed the behaviour of the respondent No. 1 for the purpose of availing such medicines in order to cure the behavioral pattern of the respondent. Respondent No. 1 never cooperated and conceded for the same. Lastly, at the conclusion of six months of the marriage the applicant states that, there was no marital intercourse or any such affection from respondent No. 1 and the atmosphere of such strained relationship continued at the matrimonial house. And therefore, the applicant was constrained to return back to her parental home. The non cohabitation and the failure of marital duties has made the life of the applicant miserable. Hence, the applicant had filed such application before the Ld. Trail Court which came to be partly allowed by way of impugned judgment/order."
Conclusion:
"14. As the point Nos. 1 to 3 are intertwined and interwoven the same are held for appreciation together to avoid reagitation of facts. It evinces to myself that, the factum of wedlock is not denied by either parties. Secondly, it is the case of the applicant that, the respondent No. 1 had failed to fulfill the marital obligations as expected and the reason assigned for the same is certain such incidents which she states with regard to such sexual inability of the respondent No. 1 to perform such marital obligation. In this regard, she has stated that, the respondent No. 1 never ever had complied with any such marital obligation, as he was sexually inactive for the reason that he was committed with certain other male individuals. Also, it is stated that, he consumed such instigating tablets and more especially when he never had any such intercourse with her. Further, the respondent No. 1 has categorically denied this contention thereby stating that no such website ever exists and that the contentions pertaining to his sexual inability are not fortified by any documentary evidence as such. It is the case of the respondent that the applicant has failed to state the form of domestic violence caused to her. It will be profitable to reproduce the term domestic violence as envisaged under Section 3 of the Domestic Violence Act. 3. Definition of 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 or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse 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 he aggrieved person.
15. Considering the tenor of Section 3 of the Domestic Violence Act it can be clearly inferred that, the term domestic violence in corporates for a wider scope and it is not at all limited for mere physical injuries or abuse, but the same can also be stretched pertaining to sexual, verbal, emotional and economical abuse. And therefore, it is rightly observed by the Ld. Trial Court that any act or omission or commission or conduct of respondent in violation of the same would naturally let the conduct under the purview of domestic violence. It is the case of the respondent No. 1 that, the documentary evidence pertaining to any such sex chat with a male gender is not substantiated by way of any such evidence.
16. I have perused the testimonial evidence. It evinces to myself that, the applicant has categorically stated to have accessed the photographs stored in respondents mobile, wherein his nude photographs could be located alongwith the other male individuals and in order to buttress her contention the screenshots were filed on record. It is evident that, the said contents accessed and retrieved by her from the respondent No.1's mobile phone has naturally caused such trauma, distress and emotional abuse to the applicant. It is also evident that, while such documents qua screenshots taken from the respondent No.1's mobile were led under evidence, those were not questioned or challenged or put to the applicant in her crossexamination, more especially the same was not even rebutted by way of written submissions.
17. Thus, the factum of marriage is unrebutted and therefore, it can be well construed that, the applicant has definitely being subjected to such emotional and mental abuse from the respondents. Admittedly, now the applicant is residing apart from the respondents and as the factum of marriage and domestic violence is substantially proved, hence, it is incumbent upon the respondent No. 1 to maintain the applicant as the applicant at present has left the job, wherein she was engaged.
18. I have minutely perused the judgment/order of the Ld. Trial Court and it evinces to myself that, the factum of assets and liabilities is well construed and alongwith the same, the factum of the residential accommodation is well appreciated upon the factual matrix. Therefore, in view of the same, the Ld. Trial Court after affording opportunities to either parties, and considering the testimonial and documentary evidence alongwith the assets and liabilities of either parties have passed the impugned judgment/order, which in my considerate view does not require any indulgence at the hands of this Court."
Appearance : Ld. Adv. Mr. Anil Jadhav for the Appellant.
Ld. Adv. Mr. Praful Chavan for the Respondent.
CORAM :
H.H. THE ADDITIONAL SESSIONS JUDGE, DR. A. A. JOGLEKAR
DATED : 10TH DECEMBER, 2022.
