This revision petition is filed by the revision

petitioner/husband under Section 397 r/w 401 of Cr.P.C.,

challenging the order passed by the LVII Additional City

Civil and Sessions Judge, Bengaluru City in Criminal

Appeal No.116/2015 dated 13.11.2015, whereby the

learned Sessions Judge has partly allowed the appeal by

awarding compensation in a sum of Rs.4,00,000/- to the

respondent/wife under Section 22 of the Domestic

Violence Act, 2005.

2.

For the sake of convenience, parties herein are

referred with the original ranks occupied by them before

the Trial Court.

3.

The brief factual matrix leading to the case are

that the petitioner/wife has filed a petition under Section

12 of Domestic Violence Act, seeking a protection order by

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way of an injunction restraining the respondent/husband

from committing a Domestic Violence seeking maintenance

to herself and her children, medical expenses and

compensation from the respondent/husband.

4.

According to the petitioner, she was married

with the respondent/husband on 10.09.2000 at Sri.

Lakshmi Venkateshwara Kalyana Mantapa, Yeshwanthpur,

Bangalore and it is alleged that her parents have given

sufficient

dowry

in

the

form

of

cash

and

gold.

Subsequently, two children were born out of the wedlock

and it is alleged that his son died during childhood itself.

According

to

the

revision

petitioner,

the

respondent/husband has subjected her to Domestic

Violence, demanding dowry and physical ill treatment and

hence, she has filed the petition under Section 12 of the

Domestic Violence Act, 2005.

5.

The revision petitioner/husband appeared and

filed objections, contested the matter and disputed the

claim. He has specifically denied the allegations and

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asserted that the respondent/wife herself has left his

company and because of her negligence, 2nd child was

died and further subsequently, she got converted into

Christianity and tried to convert the female child also into

Christianity. He further asserted that he is suffering from

paralytic stroke and unable to maintain himself and sought

for dismissal of the petition.

6.

The petitioner/wife was examined as P.W.1 and

she

placed

reliance

on

four

documents.

The

respondent/husband examined as R.W.1 and he placed

reliance on 15 documents as per Exs.R1 to R15.

7.

After

hearing

the

arguments

and

after

considering the oral and documentary evidence, the

learned Magistrate held that the petitioner/wife has failed

to establish that the respondent/husband has committed

Domestic Violence and further observed that she is not

entitled for any monitory benefits as defined as under

Section 18 to 22 of the Domestic Violence Act and

dismissed the petition.

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8.

Being

aggrieved

by

this

order,

the

petitioner/wife has approached the LVII Additional City

Civil

and

Sessions

Judge,

Bengaluru

City

in

Crl.A.No.116/2015. The learned Sessions Judge after re-

appreciating the oral and documentary evidence, denied

the maintenance and confirmed that there is no Domestic

Violence proved against the respondent. However, a

compensation was ordered to be paid to the tune of

Rs.4,00,000/- to the respondent/wife on the ground that

the wife is unable to maintain herself. Against this order

the husband is before this Court.

9.

Heard the learned counsel for the revision

petitioner/husband.

The

learned

counsel

for

the

respondent/wife is absent. Perused the records.

10. It is evident from the records that both the

Courts have concurrently held that there is no Domestic

Violence committed against the wife. This finding is not

challenged by the wife. Further, admittedly the wife was

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converted into Christianity and when she gets converted

into Christianity all the rights vested in her, stand nullified.

Though there is no divorce between the parties, but, in

view of conversion of wife to Christianity, it would disclose

that the marriage stands dissolved. Besides, there is no

specific

declaration

passed

in

this

regard by

any

competent Court of Law. Howev