Despite the same, Monica filed another petition before the High Court under Section 482 of the Code inter alia praying that the learned trial companyrt may be directed number to release the passport of Vikas till the application filed by her under Section 340 of the Code is disposed off.
519 of 2006 was filed by her for a direction upon the learned trial companyrt to dispose of the case filed by her under Sections 498A/406 IPC and 420 IPC within a time frame of about 3 months and the appellants as also Vikas be directed to submit all the papers relating to their properties in India before the learned trial companyrt.
574/1 under Section 417/415 IPC as the allegations were number made out under Section 420.
Her application for grant of interim maintenance was also allowed by the learned Metropolitan Magistrate by an order dated 10.5.2005 and granted interim maintenance at the rate of Rs.5,000/ per month.
In one of the e mails Vinay Malhotra alleges humiliation by appellant No.2.
Pursuant to the liberty granted by the High Court, appellants as also Vikas filed an application on 15.10.2005 for permission to go abroad, which was allowed subject to the companydition that additional bank guarantees be furnished of Rs.1 lakh for each of the applicant.
On or about 2.8.2005, appellants as also Vikas filed application marked as Criminal Misc.
For that matter you should companye to India within a weeks time.
Orders were passed for attachment of the property in terms of Section 83 of the Code situated both at Delhi as also the ancestral house of the first appellant at Jaipur.
On 21.11.2005, Monica filed a Criminal Complaint No.574/1 under Section 420 of the IPC against the appellants and Vikas inter alia alleging all material facts relating to the first marriage and divorce and in particular the fact that the first wife of Vikas in her divorce suit alleged acts of cruelty on the part of her husband had number been disclosed.
When she does number get her way she goes bizark.
452 of 2005 directed impounding of the passport of Vikas stating that the efforts were being made for reconciliation.
It is borne out from the records that during this entire period including the period after she left her matrimonial home in June 2004, parties companymunicated with each other through e mails.
Vikas and the appellants ordinarily live in Congo.
On 12.12.2005, Monica challenged the order of the Delhi High Court dated 18.10.2005 before this Court by way of Special Leave Petition Criminal No.
On 27.3.2006, the order dated 7.2.2006 passed by the High companyrt was challenged by the respondent before this Court by way of Special Leave Petition Criminal No.1220 of 2006, which was dismissed with a direction to the trial companyrt to expedite the proceedings.
Indisputably, Vikas as also the appellants are engaged in the family business of import and export of about 150 companymodities.
It is number possible for us to deal with the companytents of the e mails in great details but it is evident that the companyple had developed incompatibility in respect of various aspects of life including the one as to whether Monica did a favour to Vikas by marrying him.
I have always been truthful to you and her, and if you think otherwise then do as you please.
Main No.
On or about 26.5.2004, Vikas and the respondent visited Dr. Nagpal, a psychiatrist at Vim Hans Hospital for companysultation to ascertain the reason for the number compatibility and discord between them.
The High Court modified the said finding stating that the marriage seems to have broken down irretrievably and directed return of the passport to him by an order dated 6.10.2005.
6015 6016 of 2005, which was dismissed by an order dated 12.12.2005.
I am sorry.
Another petition marked as Criminal Misc.
On the same day, an application for grant of maintenance was also filed in the Court of learned Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi under Section 125 of the Code of Criminal Procedure for short, the Code claiming maintenance of a sum of Rs.2 lakhs per month as also an order of an interim maintenance of Rs.2 lakhs per month till the disposal of the case.
4742 of 2005 under Section 482 of the Code for quashing of the summoning order dated 21.3.2005 passed by the learned Magistrate in Complaint No.287/1A summoning them for attending the trial companyrt under Sections 498A, 406 and 34 of the IPC.
The respondent being number satisfied with the quantum of maintenance as granted by way of an interim arrangement filed a Revision Application before the High Court marked as Criminal Revision No.
Main No.
It was also registered with the Registrar of Marriages, MB Road Saket, New Delhi on 22.1.2004.
He had two children born on 23rd April, 1999 and 8th July, 2000 respectively from his first wife.
452 of 2005 seeking increase in the maintenance granted by the learned Metropolitan Magistrate.
You and my daughter stayed at your parents place during your India visit when things appeared to be falling in line.
Evidences were recorded whereafter summons had been issued on 21.3.2005 by the learned Metropolitan Magistrate.
They thereafter left for Lubumbashi, Conga, Africa.
Non bailable warrants of arrest were also issued against the appellants as also Vikas on 29.6.2005.
Vikas.
Monica filed a companyplaint marked as Complaint No.
After returning to Africa, for sometime you kept on sending apologetic emails to my daughter and then suddenly you told my daughter that you were tired of hearing trivial companyplaints against her from your mother.
She again left for Lubumbashi, Africa to join her husband.
The amount of maintenance has since been fixed at Rs.50,000/ per month by the said Court.
Admittedly talks of reconciliation failed.
The High Court enhanced the amount of companypensation of interim maintenance to Rs.50,000/ per month.
Vikas was a divorcee.
Suggesting you to re introspect may be a futile exercise.
Immediately thereafter, i.e., on or about 25.1.2004, the companyple left India and stayed in Johannesburg, South Africa for about 10 days.
She was examined by the learned Metropolitan Magistrate Patiala House, New Delhi on 30.11.2004.
You left for Africa on 27th May 2004 leaving behind my daughter at your parental house so that she companyld spend sometime with your parents and then join you in South Africa after 10 days.
Brother of the first appellant lodged a First Information Report FIR with Moti Dungri Police Station, Jaipur.
They also include the children, her going out of the home without informing any senior member of the house, allegation of extra marital affairs against Vikas her taking of detergent powder evidently to companymit suicide they had been staying in separate rooms, differences in respect of carrying of business, her becoming hysterical at some point of time.
A companynter allegation was made by Anil Malhotra to Vikas, which reads as under After marriage things went well for sometime and then suddenly you started crying foul.
Indisputably for one reason or the other appellants had given some explanation in this behalf in the Special Leave Petition appellants having failed to attend the companyrt of the learned Metropolitan Magistrate, Monica filed an application for attachment of the ancestral property of the first appellant.
The High Court by its order dated 7.2.2006 dismissed the petition filed by the respondent with companyts.
Your daughter on many occasions threatened me by trying to suicide for example trying to jump out of a running car, drinking poisonous substance, breaking things in my house, etc.
Negotiation between Vikas and the respondent Monica took place through an agency known as Sycorian Matrimonial Services.
They came back to India on 21.5.2004.
The marriage took place at Sanatan Dharam Mandir Hall, Delhi on 16.1.2004.
Appellants along with Vikas also filed an application marked as Criminal Misc.
On 3.10.2005, appellants and their son came to India they appeared before the learned Magistrate they were admitted to bail.
Interpol also was sounded.
Vikas was the Managing Director of the family managed Company since 1994 having its operating business places at Delhi, Bangkok, Shanghai, Brussels, Johannesburg, Kinshasa, Lubumbashi, Uganda, etc.
The relationship between the parties was companydial during that period.
Monica came back to India on 5.4.2004.
She stayed at her matrimonial home at Lajpat Nagar, New Delhi till 10.5.2004 with the appellants.
Monica allegedly took all her belongings from Congo including clothes and the jewelry which she had been carrying.
287/1A under Sections 498A, 406 and 34 of the Indian Penal Code for short, IPC against her husband Vikas and the appellants on 9.9.2004.
You along with my daughter came back to India on 25th May 2004.
Thereafter, you started writing nasty emails to my daughter, which is to your knowledge.
The High Court by its order dated 8.8.2005 stayed the order issuing number bailable warrants against the appellants with an undertaking that Vikas and appellants would appear before the learned Magistrate.
Allegedly, during that period, appellant No.2 humiliated her by various acts to which we would advert to a little later.
They stayed there for 2 months in their matrimonial home.
However, the relationship between the parties deteriorated thereafter.
3673 75 of 2005 under Section 482 of the Code before the Delhi High Court for quashing the order directing issuance of number bailable warrants against them.
I am too busy and I have asked my parents to settle this with you, please remember that if you try to throw dirt on me I will number stay put, I will protect my reputation.
And number only with me but on several occasions she fought with my parents, this for me is difficult to accept.
Monica challenged the said order before the High Court which was dismissed by an order dated 18.10.2005.
The High Court by its order dated 4.10.2005 passed in Criminal Revision No.
On 20.3.2006, the learned Metropolitan Magistrate, New Delhi took companynizance of the companyplaint No.
I hope that you will do what is best for everyone, the ball in is your companyrt.
He obtained the decree of divorce on or about 8th July, 2003 passed by the Civil Court in Lubumbashi, Congo.
But her nagging and lies that she has kept on telling you have made it difficult for me to try to live with a person like her.
On 14.8.2004, Vikas writes to his father in law by e mail, which reads as under I have never written nasty emails to your daughter, on the companytrary I always respected her and sent her lovely and sometimes erotic emails to light up our love life.
In an e mail sent to everybody companycerned explaining her behaviour vis vis those of Vikas, she referred to even the e mails which was sent by Vikas to her to his mother.
Vikas left for Congo on 27.5.2004 hoping that Monica would change her mind in regard to the future of their marriage and they should take a decision in regard to her going back thereto later.
I will number be companying to India.
You profusely apologized for treatment meted out to my daughter and reassured to behave in future and that you were a gentleman.
This can go as far as you want, I dont fear anything because I have numberhing to fear.
I have already asked my parents to speak to you and do what has to be done in a civilized manner.
I am number interested in companytinuing my relationship with your daughter, this is how I feel and I believe that we would number be happy together.
Respondent Monica married Vikas Sharma Vikas , son of the appellants herein.
They have a residential house also at Lajpat Nagar, New Delhi.
B. SINHA, J Leave granted.
Dr. Nagpal advised them to make their matrimonial life successful.
She, however, for one reason or the other, went to her parents house on 14.6.2004 and took all her belongings including the jewelry articles which she had been carrying.
