ACQUITTED on 9 November 2009, 4:15 p.m.
(In the common criminal law tradition, an acquittal formally certifies the innocence of the accused).
A wedding that allegedly costed 12 Lakhs
In the Family Court, my SIL and her witnesses insist that they spent Rs. 12 Lakhs on the wedding.
Here are a few pictures of the wedding. Go figure!
http://picasaweb.google.co.in/challa.uma/AWeddingThatAllegedlyCosted12Lakhs#
Also, my SIL wants a refund of her alleged marriage expenses of Rs. 12 Lakhs and Rs. 25 Lakhs as permanent alimony.
That’s my princess!
The much awaited trial – Part 4
A visit to the DGP’s Office, with a letter regarding the delay in the case, set the ball rolling, and the CI Dr. M. Chandra Shekhar gave his testimony in court on the seventh date after summons were first issued to him. His testimony took place around Deepavali time, and that really brought new light into our lives. Things have moved quickly since, and the arguments of the PP and the Defence Counsel have been completed.
The much awaited trial – Part 3
Witness No: PW3
Name of Witness: G. Sunitha D/o G. Yohan
Age: 31 years
Occ: Asst. Audit Officer
R/o Vidyanagar, Hyd
Date: 12-08-2009
CHIEF EXAMINATION:
Presently I am working as Asst. Audit Officer at Directorate of State Audit, Hyderabad. Previously I worked as S.I. of police at WPS Saroornagar from June 2005 to February 2007. On 28/12/2005 received a complaint from Smt. Pappu Malathi, W/o Anil Kumar R/o Saroornagar stating that she got married to Anil Kumar, S/o Suryanarayana Murthy on 18/08/2005 at Kakinada. After spending 10 days with her after the marriage, her husband went to USA. Suddenly on 13/10/2005 her husband mailed her that he does not want to continue the relationship with her. She was harassed by her husband and sister-in-law mentally. Her family members tried to contact her husband but received harsh replies from them. Later she came to know that Mr. Anil Kumar and Mrs. Uma Gayathri landed down in India as their father is ill and admitted in Care hospital, clock tower, Secunderabad. As such she requested to stop Mr. Anil and Mrs. Gayathri to escape from India. Based on the complaint, the Inspector of police Saroornagar registered a case in Cr. No. 1125/05, U/s 498-A IPC and transfered it to me for further investigation. I took up the investigation and examined the complaint and her mother Smt. Sitamahalaxmi and recorded their statements. From the evidence collected arrested the accused A1 and A2 on 28/12/2005 at 22:30 hrs and remanded them to judicial custody. After finishing the further investigation filed chargesheet.
CROSS EXAMINATION BY THE DEFENCE COUNSEL:
On 28/12/2005 at 21:15 hrs I took up investigation. I was physically present when I received the file for further investigation. I do not remember whether I made entry in the G.D. about receiving of this file. It is true that it is mandatory it is enter in the G.D. when ever we received a file for investigation. I started investigation immediately after receiving the file. I personally did not apprehended the accused but personally I don’t know who apprehended the accused. On the same day i.e. on 28/12/05 at 22:30 hrs the accused was apprehended. I have instructed the subordinates to apprehend the accused. On 28/12/05, PW1 & PW2 were present in the police station at that night. I didn’t on the day received the file I did not examine PW1 and PW2 on the next day I have examined them. It is not true to suggest that only on the basis of FIR, I apprehended the accused. It is true that it is not mentioned on Ex. P1 that the accused have demanded anything prior to marriage or after marriage are any valuable things given to accused. It is true that PW1 made a request to go to America. It is true that the only grievance of PW1 is the accused denies to continue the marital relationship with her. It is not true to suggest that on the request of PW1 and PW2 I did not depute my subordinate with out examine the PW1 and PW2. It is true that on 29/12/05 subsequent the arrest of accused. I have recorded the statement of PW1 and PW2. It is true that in the statement of PW2 it is no way concerned about giving of any dowry of giving additional dowry. It is true that in the PW2 statement in the no way harrased the A2. It is true that in the PW2 statement it is no way mentioned that the accused behaved rudely and demanded for any customary ceremony. It is true that in the statement of PW2 it is no way mentioned elders of accused and between them re counsel the matter. I have not put any efforts to examine any relatives of either side to know actual crux of the dispute. I don’t remember except recording of these two statements on 29/12/05. whether I have done any investigation or not I don’t remember. It is not true to suggest that no offence is made over against accused without any investigation only to satisfy PW1 & PW2 and to stop the accused abroad and filed a charge sheet.
IMPORTANT NOTE: At the time when the Sub-inspector/Investigating Officer, G. Sunitha, was giving her testimony in court, it was discovered that the FIR was not signed by the Investigating Officer. it was not signed by the Complainant, Pappu Malathi. The Circle Inspector, who allegedly filed the FIR, was sent summons to appear in court and provide clarification and he has not shown up for 3 dates already.
The much awaited trial – Part 2
Witness No. PW2
Name of Witness: P. Sita Mahalakshmi W/o P.V.Ramamurthy Age: 51 years
Occ. Teacher. R/o Kakinada
Date: 17/07/09
Chief Examination:
I am resident of Kakinada working as Teacher. PW1 is my daughter. A1 is my son-in-law. A2 is sister of A1. PW1 marriage was performed with A1 on 18/8/2005 in Kakinada at Kantipudi Subbamma (Chaudry’s) Kalyana mandapam as per Hindu rites and customs. In the presence of elders the marriage was performed. At the time of marriage the A1 and A2 used to say opposite to anything we say on everything in the marriage about food, about every culture they threatened and behaved very bad. At the time of marriage the elders of A1 and A2 said that the saree is not nice the saree will be worn by widows and said you are very experienced when the white saree will be worn and that elder behaved badly. After marriage they asked PW1 to come alone with them nobody should come with PW1. As per the arrangements to honeymoon all the tickers were booked to Vizag and araku. I went to the station to Samarlakota when they are returning from Vizag. But they did not come to Kakinada. On 27/8/2005 started from Kakinada on 28/8/2005 A1 went to America. After marriage the PW1 did not enjoy the customs. PW1 said that I did not eat anything and food also I did not eat in that 3 days. On Oct 14th 2005 A1 sent a letter in email to PW1 in that letter A1 mentioned that we cannot live happily and we will put a stop to the marriage life and we both cannot live. After that I went to the A1 elders and talked with them and the elders said that we will talk with A1 and settle the matter. Elders said before the marriage that A1 is very good. But after the marriage the same elders said that A1 is very bad and he will not listen to anybody and we do not know about A1 before marriage at the time of marriage we came to know about him. A1 mother said that A2 will interfere in the marriage life of A1 and PW1 and A1 will do what A2 says and you ask A2 only about this matter and I am not concerned anything about this. A1 and A2 paternal uncles (babais) Ch. Jagan Mohan Rao, Someswar Rao, Satyanarayana Rao said we will settle the matter and we went so many times but they did not settle the matter. When A1 father was ill, as a courtesy sake I went to see him to the hospital at that time A1 and A2 were present there and came from America. And I asked A1’s paternal uncles (babai) to settle the matter and they said they will settle. On 28/12/2005 we went to the Someshwara Rao’s house to settle the matter. But the matter was not settled. After that they are going to America. So, there is no other way to me so I filed a complaint. Even after case was filed A1 and A2 asking PW1 to give extra amount for the court costs. A1 has cheated us and married PW1. A1 is not giving divorce and A1 is harassing a lot and he is creating a blog in the name of Malathi. Because of this we are facing a lot of problem mentally and physically and they are making nuisance in our relatives about us. Police made counseling to the A1 and A2 and PW1 but A1 and A2 did not compromise. Police examined me and recorded the statement.
Cross examination by defense counsel:
Yes I am working as Teacher. I did M.A., B. Ed. In Telugu Medium. Yes can produce the certificates. I know how to write and read English. The marriage of A1 and PW1 took place on 18th and 19th midnight. They went to honeymoon between 24/8/2005 to 28/8/2005 to Visakhapatnam. On 28/8/2005 A1 left to America. It is true that A1 and PW1 stayed only for 3 days in-laws house. It is true that the marriage was registered at Registrar office in Kakinanda on 28/8/05. I have 4 daughters. Names are Saroja, Sirisha, Malathi, Neelima. Saroja’s husband is a software engineer in America. Sirisha’s husband is a chartered accountant in Hyderabad. Neelima’s husband is working in Genesis company in Hitech City. I paid 4 lakhs as dowry to Saroja’s husband. Witness adds that I did not give as dowry as a gift I gave as a cash. I paid 4 lakhs to Sirisha’s husband as cash not as dowry. I paid 6 lakhs to Neelima’s husband as cash not as dowry. All the marriages of my daughters took place between 2000-2007. No I did not disclose in the income returns about these amounts. Because of exemption to women I have shown Nil returns witness adds whichever amount I gave was pertaining to my husband. My husband expired on 1999 June 13th. I don’t have agricultural lands except one house that is ancestral property. I that house my in-laws are residing. It is true that A1 has sent papers got getting a visa for my daughter. I do not know whether A1 father was in hospital or not when A1 and A2 were arrested. I do not know due to the arrest of A1 and A2 they did not attend the cremation of A1 and A2 father. It is true that PW1 did not mention about dowry in the ExP1. It is mentioned in the complaint about the mental harassment but did not mention about the physical harassment. Yes it is true police recorded my statement I mentioned only some topics but I did not mention some points. It is not true to suggest that if A1 had agreed to for grant of divorce we would never have filed complaint. Yes PW1 had filed divorce case in family court witness adds that A1 is harassing my daughter at the time of counseling A1 said to PW1 it is better to give divorce now or after 4 years. I have given evidence in the divorce OP. It is true that I stated before the family court that since A1 and A2 were fleeing the country I help my daughter to file criminal complaint. It is not true to suggest that because A1 and A2 are fleeing from country I filed a complaint. It is not true to suggest that I did not stated before the police as I stated now. It is not true to suggest that because we want divorce from A1 and therefore I filed a false complaint through PW1. It is not true to suggest that none of the incidents spoken by you are true.
Present Status
The present status of the cases is as below:
Criminal Case U/s 498A of IPC -
We have one more witness to go – the Investigating Officer. The two main witnesses, the mother and daughter duo, were a sight to behold when they took the stand and listened to themselves speaking blatant lies under oath. I wish them good sleep for the rest of their lives!
Divorce filed by Pappu Malathi in the Family Court:
All of Pappu Malathi’s witnesses have given their testimony and have been cross-examined. The mother’s cross-examination was a treat because it was held in open court instead of the advocate’s commission.
My brother’s petition seeking interim maintenance U/s 24 of HMA was set aside for orders a year ago, with no further progress. Had a woman filed for maintenance, she would have been granted interim maintenance immediately irrespective of how well off she is already.
Three perjury petitions had been filed on Pappu Malathi. The first one was admitted, hearing completed and orders pending for several months. The other two perjury petitions have been filed against all 5 witnesses including herself.
Pappu Malathi and her folks managed to appeal to anybody (including chaprasis) that would listen to them in the court to tell them how we are “harassing” them with new cases. Pappu Malathi was also caught rushing out of the court room and crying her eyes out standing under a tree in the Criminal Court complex. This was quite unusual since, earlier, like most 498A women, she shed crocodile tears INSIDE the court. After the genuine crying session under the tree, she seems to have had an epiphany, and her courage seems to have jumped up one notch, and the last time she was seen in Family Court laughing triumphantly, expressing her happiness for not being punished for uttering blatant lies all the time. Someone comes to court to force a quick divorce and obtain fat alimony, but is now just happy not to be punished for perjury (just because she is a woman) after 1 yr and 8 months of running around courts! This is what one calls, PERSPECTIVE.
It waits to be seen what the judge will decide to do with the legal terrorist/perjurer when the rule of thumb in today’s world is “protect the guilty and punish the innocent”.
I wish everyone who is supporting the legal terrorists good sleep for the rest of their lives!
The much awaited trial – Part 1
Here is the testimony of Pappu Malathi given under oath on 30.09.08:
I am the r/o Chikkadpally, Hyd. I am a householder. LW2 is my mother, A1 is my husband, A2 is my sister-in-law. My marriage with A1 was solemnized on 18.8.05 at Kantipudi Subbamma, Kamma Mahajana Kalyana Mandapam, Kakinada. At the time of marriage A1 was presented two gold rings, two silver plates and two silver glasses. After the marriage I joined with A1 at Hyderabad and we led marital life for 10 days, then he left for USA., he sent visa to me on 13.09.05. On 13.10.05 A1 mailed me stating that he don’t want to continue marital life with me as our views are different. When I phoned to him he stated the same fact to me. I also tried to contract with him through elders by phone but he didn’t life the phone. He came to India on 24.12.05 as his father became sick. When I contacted him through elders, He stated that I can come to USA at any time but I have to stay there as bench and a chair with out any relation with him. A1 used to act as per the direction of A2. A1 threatened me that he will see my end. He harassed me mentally. He decided to rejected me. My father-in-law died on 29th. A1 also stated that it is better to live marital life with me 4 years later. When I continued to talk with him A2 asked A1 that there is no need to talk with me and also directed him to come along with her. A2 also abused my mother as stupid when she tried to talk with A1.
Then I prepared report to the police. Exp1 is the complaint police recorded my statement.
Cross examination:
Dated 30.10.08
I got my VISA to America on 13 Sep. 2005. After getting VISA I did not go to America. Till today I have not gone to America. My husband was arrested on 20.12.2005 at 10:30 p.m. It is true that at that time I knew my father-in-law was in hospital. My father-in-law died on 29.12.2005 in the morning. It is true that because of his arrest, he could not attend his father’s funeral. The witness adds that she asked that A1 to hand over the passport to the police and then attend the funeral of his father but A1 refused to hand over the passport. It is true that A1’s passport was seized by police on the same day. I did not mention in ExP1 that I presented two gold rings, two silver plates and two silver glasses to the accused. I stated to the police that the said articles presented to A1. It is true that I never lived with A2 even for a day. It is true that I filed a divorce petition against A1 at Family Court. It is true that my husband filed a petition for perjury in the court in IA No. 768/08 in FC. OP 1102/07 on the file of Hon’ble Judge of Family Court, Hyd. I did not file counter in that IA. I am working as Officer, Revenue Assurance Department since Dec. 2007. My salary is Ten thousand rupees. It is not true to suggest that I filed this case against A1 and A2 to harass them and to extort money from them. ExD1 is the application and affidavit IA No. 768/07 filed by A1 in the F Court.
Pappu Malathi’s Divorce Petition
Pappu Malathi’s Divorce Petition
Click the above link to read Pappu Malathi’s divorce petition which includes her allegations of harassment and her monetary demands.
Reply affidavit by Pappu Malathi to my quash petition
Life gets quite interesting and the case gets even more interesting by the day. My sister-in-law, Pappu Malathi, now accuses us of demanding and taking money, and then demanding more. She also has brand new claims about various forms of harassment she had to endure.
Read the document at the following link to learn about her reasons for making the claims of harassment, abuse and danger to her life and limb after such a long time.
