IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V. SRISHANANDA, J.
Mrs. Shahida W/o Abubakkar – Petitioner
Versus
Abubakkar S/o Late Abdul Khadar – Respondent
Criminal Revision Petition No. 295 of 2015
Decided On : 15-01-2021
Protection of Women from Domestic Violence Act, 2005 – Sections 12, 18, 19 and 20 - Domestic violence - Maintenance – Order passed by learned Magistrate in M.C. is partly set aside by denying maintenance to Revision Petitioner modifying the maintenance amount to the children of Revision Petitioner for two daughters who born to them - Whether finding recorded by first Appellate Court though there is no domestic violence and as such, Revision Petitioner is not entitled to any maintenance and also reducing the compensation amount to children is suffering from any legal infirmity and thus calls for interference - After marriage, Revision Petitioner joined matrimonial home and two daughters are born from marriage. Thereafter, it is contended that husband of Revision Petitioner started ill-treating the Revision Petitioner in one way or the other and she tolerated cruelty with a fond hope that respondents may mend their behavior on one day or other - Held, The scope of Act is meant to prevent domestic violence that takes place in matrimonial home. Thus, grant of compensation is only an alternative in a given set of circumstances in a case. The relief that can be granted to a wife (aggrieved person) under Act is not in derogation, but in addition to other reliefs available to a wife in a different statutes. This court does not find any illegality in first Appellate Court recording a finding that wife failed to establish domestic violence which is a cine qua non for according relief to wife under Domestic Violence Act. However, this would not prevent wife to seek other remedies available to her before appropriate forum under appropriate statutes - order impugned is passed by first Appellate Court by considering actual scope of Domestic Violence Act. Therefore, there is no error apparent on record nor improper exercise of jurisdiction or any illegality as occasioned while passing impugned-order so as to call for interference of this court - Revision Petition dismissed.
ORDER :
1. This Revision Petition is by the petitioner being aggrieved by the Order dated 27.1.2015 passed in Criminal Appeal No. 125/2014 on the file of the IV Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, whereby the Order dated 5.5.2014 passed by the learned Magistrate in M.C. No. 41/2012 is partly set aside by denying the maintenance to the Revision Petitioner modifying the maintenance amount to the children of the Revision Petitioner from Rs. 2,000/- to Rs. 1,500/- per month each for the two daughters who born to them.
2. The brief facts which are necessary for disposal of the Revision Petitioner is as under:
3. On service of notice, husband and the mother-in-law of the petitioner, appeared through their counsel and filed objections admitting the relationship. It is further contended that the Revision Petitioner left the house on and from November, 2007. But admittedly, the two children who are studying in 4th and 1ststandard are with the Revision Petitioner but denied any domestic violence and sought for dismissal of the Revision Petition.
4. After recording the evidence of the parties, the learned Magistrate allowed the petition and passed the following Order:
The respondents are hereby restrained from committing further domestic violence against the petitioner.
The respondents are directed to return the golden ornaments to the complainant.
The respondent No. 1 is hereby directed to pay a sum of Rs. 2,000/- per month to the petitioner and Rs. 2,000/- each to her two children towards the maintenance from the date of petition.
The respondent No. 1 is hereby directed to pay a sum of Rs. 50,000/- as compensation for the petitioner.”
5. Being aggrieved by the said order, the husband and the mother-in-law of the Revision Petitioner preferred a Criminal Appeal before the District and Sessions Judge, Mangaluru in Criminal Appeal No. 125/2014. On securing the records and hearing the parties, the first Appellate Court modified the Order passed by the learned Magistrate which reads as under:
Consequent
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