Case No.2477/1111/2022/01/5310-5312 Dated:18-05-22
In the matter of:
3060, 2nd Floor, Mahindra Park,
Rani Bagh, New Delhi-110034.
(Email: babu21383@gmail.com) …………Complainant
Versus
Outer District,
Guru Harkrishan Marg, Maulana Azad Society,
Pushpanjali Enclave, Pitam Pura,
New Delhi-110034. ........... Respondent No. 1
(as stated in complaint),
B-268, Jwalapuri, Near Amalwas School,
New Delhi-110087. ........... Respondent No. 2
Date of hearing: 17.05.2022
Present: Sh. Babu Lal Gurjar, Complainant
Sh. Kishore Kumar, ASI, CAW Cell, PS Pitam Pura on behalf of Respondent No. 1
Smt. Poonam, Sh. Kamal Kumar, Sh. Hari Chand and Sh. Rakesh Tanvar, Advocate, on behalf of Respondent No. 2
ORDER
The complainant, a person with more than 40% locomotor disability, filed a complaint dated 29.12.2021, under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act. The complainant vide his complaint submitted that he is being continuously harassed mentally, physically and financially by his wife Smt. Poonam and his in-laws. He requested this Court to interfere and save him from the torture by his wife and in-laws.
2. The matter was taken up with Respondent No.1 vide letter dated 12.01.2022 followed by reminders dated 17.02.2022 and 06.04.2022. However, no response was received. Therefore, a hearing was scheduled on 17.05.2022. Respondent No. 2 was also impleaded.
3. During the hearing, the complainant reiterated his submissions and alleged that he fears threat of life by his wife Smt. Poonam and his in-laws. Representative of Respondent No. 1 submitted reply dated 10.05.2022 during the hearing. It was informed that Smt. Poonam wife of the complainant had filed a complaint dated 06.12.2021 in CAW Cell and alleged that the complainant is demanding a dowry of Rs.15 lakhs and a car. As the demand of the complaint was not fulfilled, he started mental and physical torture to Smt. Poonam. The concerned ASI of CAW Cell tried to counsel both the parties and explained the legal position in the matter. Next date of hearing in CAW Cell is 20.05.2022. It was also submitted in the reply that the complainant had also filed complaint in PS Rani Bagh dated 19.09.2021 and 01.11.2021 against his wife Smt. Poonam and his in-laws which was investigated and not substantiated and was closed.
4. The Counsel on behalf of Respondent No.2 filed reply dated 17.05.2022 during the hearing. Vide reply, it was submitted that the allegations made by the complainant were baseless, false, frivolous and misguiding. It was also added that Smt. Poonam had filed a case of Domestic Violence Act U/s Cr.PC 125 in the Hon’ble Rohini Court and the next date of hearing in this case is 23.06.2022. Further, CAW Cell had also about to finalize FIR against the complainant U/s Cr. PC 498A, 406 and other sections which were filed by Smt. Poonam. It was alleged that the complainant had filed the present complaint just to divert the ongoing proceedings in the above mentioned cases. Further, it is the complainant who is threatening Smt. Poonam, demanding dowry and torturing her in every possible way and is also having extra marital affairs for which a CD was attached with the reply. It was further alleged by Smt. Poonam that the complainant is disabled in certificate only. He walks easily without stick on uneven roads and using this as a tool to save him.
5. After considering the submissions of the complainant & respondents and due deliberations and discussion, the Court observed that the allegations made by the complainant are not substantiated and as the matter is sub-judice in the Hon’ble Rohini Court and CAW Cell and the Court will decide the matter and it is to be abided by all concerned, the case is closed in this Court.
6. The Court further directs the complainant not to pressurise his wife and family especially when the case is sub-judice. The Court also directs the representative of Respondent No.1 to ensure that nobody threatens the complainant and take immediate action if any incident reported by the complainant.
7. Given under my hand and the seal of the Court this 18th day of May, 2022.
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