JUDGMENT

R.M. Savant, J.—The above petition takes exception to the Order dated 9.6.2008, passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which Order, the Appeal filed by the respondent herein came to be allowed and the Order dated 5.11.2007, passed by the learned JMFC, insofar as directing/ordering the respondent herein to secure an alternate accommodation to the petitioner and granting Rs. 10,000 towards loss of earnings, was quashed and set aside. However, the rest of the reliefs granted by the learned JMFC were maintained.

2. The facts in brief can be stated thus:

The petitioner, herein, and the respondent were married in the year 1995. The petitioner converted herself to Islam. The registration of the marriage was done on 22.6.1994. Out of the said marriage, a boy child was born on 6.12.1994. After marriage, the petitioner and the respondent firstly stayed at Bogda, then in the MPT colony in the accommodation of the petitioner’s father. Till 1996, the relations between the petitioner and the respondent were normal. However, thereafter, the respondent subjected the petitioner to domestic violence. It is alleged by the petitioner against the respondent that the respondent had extra marital affairs with one Babita and had a child from the said Babita. It was also alleged by her, that the respondent had also another extra marital affair with one Hasina, whom he married and out of which wedlock, one child Furqan Mohammed was born. It was alleged that the Respondent was staying with the said Hasina after he left the petitioner. It was also alleged that the respondent used to abuse her emotionally and verbally by casting aspersion/accusation on her conduct and character and used to insult her for not bringing dowry and used to make demeaning, humiliating remarks. It was also alleged that the respondent failed to provide money for maintaining her and her child and also failed to provide food, clothes, medicines, etc. It was also alleged that he did not allow her to take up employment, nor paid rent, electricity and water bills, etc. It was further alleged that the respondent, by retaining the amount of Rs. 1,50,000 borrowed from the father of the petitioner, demanded dowry by seeking to appropriate the said amount of Rs. 1,50,000 towards the same. .On the aforesaid allegations, the petitioner herein filed an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005, (the said Act, for short). The said application came to be numbered as Maintenance Application No.3/M/2007/D. The said application was filed through the Protection Officer, one Shekhar Prabhudessai, with request to take cognizance of the domestic incident report. The petitioner in the said application sought Protection under Order 18 of the said Act, a Residence Order under Section 19 of the Act by seeking directions against the respondent to secure the same level of alternate accommodation and pay rent for the same. The Petitioner sought Monetary Relief under Section 20 of the Act as follows:

(i) Medical expenses Rs.5,000;

(ii) Loss of Earnings Rs.36,000;

(iii) Seeking direction against the respondent to pay the expenses of food, clothes and other basic necessities, an amount of Rs. 6,000 per month;

(iv) Household expenses, an amount of Rs.1,000 per month; and

(v) School fees and related expenses of her son, an amount of Rs. 1,000 per month.

3. In support of her case, the Petitioner examined three witnesses i.e. she herself as PW1, her sister Shenaz as PW2 and her son Sohail as PW3. The respondent-husband, in support of his defence also examined two witnesses i.e. himself as DW1 and one Chintamani as DW2. The learned JMFC, on a consideration of the evidence on record, recorded a finding that the Petitioner has proved that the respondent had extra marital affairs with Hasina and Babita, from whom he had also begotten children. The learned JMFC therefore, held that the Petitioner must have undergone mental an