Back
RAJENDRA BADAMIKAR
G. Kalasegowda, Son of Late Gangappa – Appellant
Versus
N. K. Nethravathi, Wife of G. Kalasegowda – Respondent
ORDER :
These two petitions are filed by the husband and wife challenging the order passed by MMTC-III, Bangalore, in Crl.Misc.No.153/2012 dated 05.10.2013 and the judgment dated 09.06.2015 passed by the LIX Additional City Civil & Sessions Judge, Bangalore in Crl.A.No.580/2013. The husband has filed Crl.RP.No.795/2015 while the wife has filed Crl.RP.No.1031/2015.
2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the learned Magistrate in Crl.Misc.No.153/2012.
3. The brief factual matrix leading to the case are that the petitioner-wife has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘DV Act’), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of Rs.10,00,000/-. According to the petitioner, her marriage with respondent was solemnized on 15.03.1998 and after the marriage, the petitioner joined the respondent and out of the said wedlock two children are born by name Navyashree and Uma. K born in 1999 & 2001 respectively. It is
The main legal point established in the judgment is that maintenance under the DV Act can only be awarded to aggrieved persons and children, and not to unmarried daughters who have attained majority.....
Entitlement of divorced wife to claim maintenance and compensation under the Domestic Violence Act, 2005
The court established that maintenance must be adequate and reflect the financial capacity of the payer, especially after recognizing domestic violence, warranting an increase from Rs.2 lakhs to Rs.7....
The main legal point established in the judgment is the requirement for the husband to provide proof of income and turnover for calculating maintenance under the Protection of Women from Domestic Vio....
Point of Law : Magistrate to provide maintenance to the daughters till they got married is not in consonance with the provisions of the Act and also the settled position of law and hence is liable to....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
