K. S. MUDAGAL
Tharamani, D/o Late H. V. Nagappa – Appellant
Versus
D. Sampath Kumar S/o N. Deveerappa – Respondent
ORDER :
“Whether the First Appellate Court committed any illegality, impropriety or incorrectness in modifying the order of the trial Court regarding quantum of maintenance, compensation and right of private accommodation ?” is the question involved in this case.
2. These proceedings arise out of Crl.Misc.No.235/2012 on the file of MMTC-III, Bengaluru. The said proceedings were initiated on the complaint of the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘DV Act’).
3. The Marriage of the petitioner and respondent was solemnized on 22.02.1981 in Arasikere as per the Hindu rites. Out of the marriage, the couple begot one son and one daughter. They are married and living separately.
4. The petitioner filed Crl.Misc.235/2012 against the respondent under Section 12 of the DV Act alleging that respondent subjected her to physical and mental cruelty. She alleged that the respondent was addicted to vices and when she questioned that, he threatened that he will murder her and her children. Therefore, she did not initiate any legal action against him. She further claimed that he failed and neglected to maintain her despite having monthly sal
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