CS(OS) No.1313/2008 Page 1 of 22 * THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.1313/2008 Date of Decision : 05.10.2010 Vijay Gulati ……Plaintiff Through: Mr. M.S. Vinaik, Advocate Versus Radhika & Ors. …… Defendants Through: Mr. R. D. Itorara, Advocate for Defendants No.2 & 4. CORAM : HON’BLE MR. JUSTICE V.K. SHALI 1. Whether Reporters of local papers may be allowed to see the judgment? YES 2. To be referred to the Reporter or not ? YES 3. Whether the judgment should be reported in the Digest ? YES V.K. SHALI, J. 1. This order shall dispose of two preliminary issues namely (1) whether the plaint is liable to be rejected under Order VII Rule 11(a) CPC on account of lack of cause of action and (2) whether the suit is barred by limitation. 2. Both these issues were framed along with other issues on 6th May, 2010 and it was observed that these two issues will be treated as preliminary issues and decided without permitting the parties to adduce evidence. Although at the time, when the issues were framed, the learned counsel for the parties had agreed to this, but during the course of submissions by the learned counsel for the plaintiff, one of the arguments urged is that the question of limitation is a mixed question of law and fact and therefore this requires adducing of evidence. This plea, CS(OS) No.1313/2008 Page 2 of 22 on the face of it, seems to be an afterthought and actuated by consideration to prolong the agony of the main contestant who happens to be a woman and is involved in matrimonial litigation with her husband, whom the plaintiff calls his friends son. 3. Briefly stated, the facts leading to the filing of the present suit are that the plaintiff, Vijay Gulati is claiming himself to be a leading businessman having widespread business interests both in the United Kingdom and India apart from other countries. It is alleged by him that he enjoys large social circle and is socially productive and philanthropic and he possesses excellent reputation in the society, in the country of his origin, as well as in UK where he is settled. The plaintiff is also claiming himself to be a member of the Management of International Society for Krishna Consciousness in the UK as well as, also on the Board of Management of a leading school in London. 4. The defendant No.1, Radhika is the lawfully wedded wife of one Vijit Nandrajog who he claims to be the son of the plaintiff’s friend. It is alleged that the relations between Radhika and Vijit Nandrajog are estranged because of which the former has allegedly lodged some false criminal action against her husband and other family members. The defendant No.2, Satish Pruthi and defendant No.4, Veena Pruthi are stated to be the parents of Radhika while as defendant No.3 is a person who is stated to be a doctor though his credentials as a doctor are challenged by the plaintiff. It is alleged by the plaintiff that defendant No.3 along with defendants No.2 and 4 have connived with the plaintiff in lodging a criminal complaint not only against Vijit Nandrajog, his friend’s son and other family members but has also enroped CS(OS) No.1313/2008 Page 3 of 22 him in the said complaint. The first of such complaint is stated to have been made in October, 2005 which is alleged to be defamatory by the plaintiff in some portion. The plaintiff has stated that this complaint had been taken back and a fresh complaint was made somewhere in the month of May, 2007 in which similar allegations of defamation were made against the plaintiff. On the strength of these complaints, it is alleged that there has been a publication of these complaints qua the plaintiff inasmuch as these complaints were circulated amongst the relations of the plaintiff as a consequence of which he has been defamed. The exact language of both these complaints need to be reproduced in order to appreciate the exact purpose of alleged allegations of defamation which are leveled by the defendant no. 1 against the plaintiff on account of which he has claimed damages to the tune of `2.00 crore. The first complaint reads as under : “Sir, I was married to Mr. Vijit Nandrajog according to Hindu marriage rights on 4.2.2005. My father at the time of marriage gave dowry as per his best capabilities. After my marriage it was all right for about two weeks but later on my mother in law, father in law and husband started taunting, abusing, harassing and beating me for sub-standard dowry as they use to say for the dowry articles. In the first week of March, 2005, my husband told me that he wants to start a separate business as his father and brother are having control on the joint business and are only giving Rs.1,00,000/- per month from his expenses which is 1/3 of the total share and therefore he requires independent source of income for which he requires Rs.70,00,000/- replied that I will not demand anything from my parents and what ever my husband wants to do should do his own. On this, my husband became very angry and passed unpleasant remarks regarding me and my family. He further told me that if I want to live in peace I have to bring this amount CS(OS) No.1313/2008 Page 4 of 22 otherwise he and his parents will make my life a living hell. He called me and my family a KANGLA FAMILY. Form that day it became routine of my husband and my in laws to tease, abuse and harass me without any time or reason which created havoc on my mind. Their sole intention behind all these cruelties was to get money from my parents. On 3rd May, 2005, my mother in law told me that I should help my husband in starting a separate business. When I replied that I have no objection on his starting new business but I am not going to bring any amount from my parents. Hearing this, she started abusing me and my parents. When I requested her not to abuse, she told me that I am not more than a servant in my matrimonial home and if the amount of Rs.70,00,000/- is not given it will be difficult to remain in my matrimonial home peacefully. In the evening of the same day my husband after five minutes of entering home started abusing me badly. When I asked as to why he is abusing me he told me that in the afternoon I abused my mother in law. When I said that it was in fact Mummiji who abused me he slapped me and asked me to go out of the house. End of June, one of my in laws every close family friends Mr. Vijay Gulati (present petitioner), who happens to be an influential NRI came down from London to put extra pressure on me to get the money from my parents. I was asked by his Uncle to give in to my husband and in laws demands and he also threatened against any police action. On the day of Janamastmi (28.8.2005) I along with my Aunt Mr. Meenakshi Mahajan were going to Janakpuri Temple, when her driver notice two Motor- cyclists were following us. We called at 100 number several times for police help but there was no response. Aunty called her father at Kirti Nagar where one of the followers was nabbed by the servants and we called the police. Police took him to Kirti Nagar Police Station and we also gave a complaint in writing to the police. The nabbed boy told the police on investigation that he was following us at the insistence of my husband and in laws as they wanted to know about my visits to different people. This act of my husband in laws caused extreme mental pain and agony to me. On 2nd September, 2005 while having tea my husband again asked me if I had talked with my father about the amount to which I told him it is next to impossible. After hearing this from me he lost his temper yet again and thrashed my head against the CS(OS) No.1313/2008 Page 5 of 22 wall, threw me on the floor, pulled my hair and beat me up with all h is force. I was then dropped at my parental home. On two three occasions, stated above I was shunt out from my matrimonial home for not bring the amount of Rs.70,00,000/-. My husband and in laws clearly told me that I have to bring the amount to live peacefully in the matrimonial home and have to chose one either the matrimonial home or the amount. Lastly, finding no way out, I told my husband and in laws that if they don’t want to keep me in the matrimonial home they should return my dowry articles and further my husband should pay a sum of Rs.60,000/- per month towards my maintenance. Hearing this my husband said that he will get the divorce from me and not going to return any of the dowry articles and I and my parents can do anything they like. In the last week of September, (27.9.2005) my husband in the morning told me that he is going to London and therefore I should go to my parents house. When I said I will stay here only, he told me he didn’t want any quarrel between me and my in laws. On my opposition he slapped and badly abused me and forcibly dropped me at my parents house. Since then I am at my parents house. I have been treated with extreme cruelties by me husband and in laws and even they are not returning my dowry articles which were entrusted to my husband and I n laws after my marriage. I request for storm action against the above said persons and they be directed to return my dowry items. Radhika Nandrajog.” 5. As has been already stated this first complaint is stated to have been taken back by the defendant. The second complaint which is purported to have been made in May, 2007 reads as under : “To The DCP Crime Against Women Cell Nanak Pura New Delhi. Sub : Complaint against :- 1) Vijit Nandrajog, S/o Naveen Nadrajog, 2) Naveen Nadrajog S/o Late Dharmbir, 3) Rekha Nadrajog W/o Naveen Nandrajog, All R/o 75/41, Punjabi Bagh West, New Delhi. CS(OS) No.1313/2008 Page 6 of 22 Sir, I, Radhika Nandrajog W/o Vijit Nandrajog R/o 1307, D-1, Vasant Kunj, New Delhi, submits that I was married to Vijit Nandrajog according to Hindu Rites and Customs on 4th February, 2005. My father at the time of marriage, give dowry as per his best capacity. After my marriage it was all right for about two weeks but later on my mother-in-law, father-in- law and husband started taunting, abusing, harassing, and beating me for sub-standard dowry (as per them). In the first week of March 2005, my husband told me that he wants to start a separate business as his father and mother are having control over the joint businesses and only giving Rs.1,00,000/- per month for his expenses and therefore he requires Rs.70,00,000/- (Rs. Seventy lacs only) to start another business. I replied that she will not demand anything, from my parents and whatever my husband wants to do, he should do of his own. My husband became angry and passed unpleasant remarks regarding me and my family. He further told me that if I want to live in peace, I have to bring the amount otherwise he and his parents will make my life a living hell. He called my and my family a Kangla Family, from that day it became routine of my husband and my in laws to tease, abuse, harass me without any rhyme or reason which created a fear in my mind. Their sole intentions behind all the cruelties were to get money from my parents. On 12th April, 2005 I was very distressed with the on going sarcasm and harassment by my-in-laws when my husband was out for work and when trying to sell him the same, he got physically and verbally abusive, pulled my hair slept my face threw me from the bed and banged my head against the cupboard. He beat me up all night and forced me to go to Chandigarh with his family and pretend every thing is normal. On 15th April, 2005, in the evening while brushing the teeth in the washroom, I had the water running while brushing, I was hit by the head with a very hard punch by my husband and abuse and said “don’t waste money on water” and said again “teri aukat kya hai”. On 3rd May, 2005, my mother-in-law told me that I should help my husband in starting a business. When I replied that I have no objection on his starting a new business, but am not going to bring any amount from my parents. Hearing this, she started abusing me and my parent. When I requested her not to abuse, she told me that I am not CS(OS) No.1313/2008 Page 7 of 22 more than a servant in my matrimonial home and if the amount of Rs.70,00,000/- (seventy lacs) is not given, it will be difficult for me to remain in my matrimonial home peacefully. In the evening of the same day, my husband just after five minute after entering home, started abusing me badly. When I asked as to why he is abusing, he told in the afternoon I abused my mother in law. When I said that infact it was Mummyji who was abused me, he slapped me and asked me to go out of the house. On May 9th 2005, I asked permission from him and his parents to visit a beauty parlour I used to go before marriage. When I was in the parlor I received a call from my mother in the mobile phone my husband given me only on that day to keep a track on my movements. My mother asked me if I could come home to meet her. I was scared to see her without my husband’s and mother in laws permission so I asked my mother and sister to come to the parlor if they wanted to see me. I do not know that my husband was following me all the way from home to the parlor and saw me meeting my mother and sister when they reached there. After they left, he approached me and he forced me to get into the car with him. Then he slapped me hard on my face and head in the middle on the road and dragged to his parents. His mother came out on the street, sat in the car and took me to a deserted lane in Punjabi Bagh area. She accused me of lying to them and my husband for not disclosing my supposed intention of meeting my mother outside their house. She said I had insulted my husband and to get his respect back, I should help him by getting money from my father for his business. During meal time on the dinning table, my in-laws would generate fear in my mind by giving me an example of a lady in their neighbourhood who had tried to leave her in-laws house, how her husband pulled her hair and beat her up and dragged her back home, so she would not dare to escape in future or disclosed to any one, the treatment given to her at the home from her in-laws. My mother in law objected to my relaxing in my bed room with the door closed and complained to my husband that I did not socialize with them. I was not allowed to either use the phone or the computer as my mother in law said it was not fit for girls to use new technology. She was scared that I would communicate my feeling and suffering to my parents as she wanted to cut off my contact with them. Often my in laws would narrate to me how a girl from a military background got married into a rich CS(OS) No.1313/2008 Page 8 of 22 family and was overwhelmed with the luxuries her parents could never provide her. They mocked me by saying, that they provide me with jewellery and good clothes and if I wanted to live in such luxury I would demand money from my father for my husband. They even did not tell us go for our honeymoon after marriage saying that they could not afford a holiday. They often threatened me that if I even dare to go back to my parents, my father would beat me and throw me out of his house and force me to go back to my in-laws house. My in-laws crushed my self esteem by saying that my parents did not get along with any of their relatives and so did not have any social standing. They believed that they had a huge circle of friends and business contract who they had to oblige through social exchanges for which I was asked to get finances from my parents, hence they would instigate my husband on several occasions to beat me up. On one such day, 15th May 2005, my husband had informed me that he would not return home at night if a did not start a dialogue with my parents about the dowry. On that night when he did not return home till very late ; my in-laws, came into my room and demanded an explanation about my husband’s whereabouts. My husband had deliberately switched off his phone to mentally harass me. I told his parents that I did not know where he was but they blamed me that he did not want to come home as I was not cooperating with him in getting him finance for his business. When he returned home late in the night and having realized that I, hadn’t had a word with my father about the money, he in a fit of rage, pulled me by my hair, banged my head against the wall, threw me on the floor and tore my clothes. In the end of June, one of my in law’s very close family friends, Mr. Vijay Gulati, who happens to be an influential NRI, come down from London to put extra pressure on me and get the money from my parents. I was asked by that person to give in to my husband in in-laws demands and he also threatened against any police action. On the day of Janamastmi, 28th August, 2005, I along with my Aunt Ms. Meenakshi Mahajan, were going to Janakpuri Temple, when her driver notice two motorcyclists were following us. We called at 100 number several times for police help but there was no response. Aunty called her father at Kirti CS(OS) No.1313/2008 Page 9 of 22 Nagar who advised us to come to his office at Kirti Nagar where one of the followers was nabbed by the servants and we called the police. Police took him to Kirti Nagar Police Station. We also gave a complaint in writing to the police. They nabbed boy told the police on investigation that he was following us at the insistence of my husband and in laws as they wanted to know about my visits to different people. On 2nd September 2005, while having tea my husband again asked me if I had asked my father about the amount. I told him it is next to impossible. After hearing this from me he lost his temper yet again and threshed my head against the cup board with all his force and badly bruised my arm and back. I was dropped at my parental home. On 5-6 occasions, stated above, I was shunted out of my matrimonial home for not bringing the amount of Rs.70,00,000/- (seventy lacs). My husband and in laws clearly told me that I have to bringing the amount to live peacefully in the matrimonial home and have to choose one, either the matrimonial home or the amount. Lastly, finding no way out, I told my husband and in laws that if they don’t want to keep me in the matrimonial home they should return my dowry articles and further my husband should pay a sum of Rs.70,000/- p.m. towards my maintenance. Hearing this my husband said that he will get the divorce from me and not going to return any of the dowry articles and I and my parents can do anything they like. In the last week of September 2005, my husband in the morning told me that he is going to London and therefore, I should go to my parents house. When I said I will stay here only, he told me he didn’t want any quarrel between me and my in-laws. On my strong opposition, he slapped me and badly abused me and forcibly dropped me at my parents house. Since then I am at my parents house. I have been treated with extreme cruelties, by my husband and in laws and even they are not returning my dowry articles which were entrusted to my husband and I n laws after my marriage. Earlier I filed the complaint against the above said persons, but the same was got suspended by me when my husband requested me for the same and for reconciliation. Later on number of meeting were held between my parents, and my in-laws and relatives but my husband never came forward for CS(OS) No.1313/2008 Page 10 of 22 any settlement. In fact he got my complaint suspended just to gain time. I, therefore, request you for strong action against the above said persons and they be directed to return my dowry items, which are in custody and control of my mother in law, father in law and husband. Sd/- (Complainant) Radhika Nandrajog D/o Shri Satish Pruthi R/o 1307, D-1, Vasant Kunj, New Delhi Enclosures: List of dowry articles.” 6. Thus a perusal of the aforesaid complaints would clearly show that the portions which are alleged by the plaintiff to be defamatory qua the plaintiff have been highlighted. A perusal of these portions show that there is nothing which can be stated to be defamatory in these lines. It may at best be said that these paragraphs may not be factually accurate. 7. In paragraph 11, the plaintiff alleges that the open circulation of these copies of the complaint had the effect of defaming and causing severe damage to his reputation. The circulation of copies of the false complaint is stated to be a malicious act to bring disrepute to the plaintiff. The plaintiff is stating that he was summoned by Delhi Police on the basis of this false complaint. Para 15, the cause of action clause reads as under : “The cause of action for the filing of this suit arose in the month of October, 2005 the first defendant first lodged a false complaint with the police, and circulated copies of the same to various persons, so as to cause defamation to the plaintiff. The cause of action further arose in the month of May, 2007, when the second complaint was filed, on the same alleged cause of action by the first defendant, in connivance with the other defendants. The cause of action is still continuing. The cause of action further arose when the defendants failed to pay the CS(OS) No.1313/2008 Page 11 of 22 amount claimed despite the receipt of a notice from the Advocates of the plaintiff. 8. Thus on the basis of the aforesaid facts, the present suit for `2.00 crore by way of damages has been filed by the plaintiff against all the four defendants namely Radhika, her parents and one