ORDER

1. This Revision Petition is filed by the petitioner, being aggrieved by the order dated 07.08.2020 in Crl.A. No.5004/2020 on the file of the III Addl. District and Sessions Judge, Bangalore Rural District sitting at Anekal. 2. The ranks of the parties in the Trial Court will be considered henceforth for convenience.

Brief facts of the case:

3. The petitioner is the wife of the respondent. Their marriage was solemnized on 19.10.2014 as per Hindu rites and customs. After the marriage, the petitioner joined her husband and started living in her matrimonial home which is situated at Tumakuru. Initially, all was well and she had been treated well.

4. It is further stated that the respondent started demanding the petitioner to bring property by way of dowry from her parents and her father-in-law also joined with the respondent and started demanding the property in the form of dowry from the petitioner.

5. It is further stated that the petitioner refused to bring dowry and tried to convince the respondent and his father that they should not demand dowry as they themselves are rich enough to maintain the entire family. Further, the petitioner had also been harassed by the respondent and her in-laws that she should not go out of the house without the company of the respondent. Though, she tried to convince that she being a junior Advocate had to attend the office of her senior counsel and requested them to permit her to work as an advocate, however, it was denied.

6. It is further submitted that when the petitioner was unable to forbear the turmoil of the matrimonial home, she informed the said harassment and torture to the family members. The family members and relatives conducted panchayath to settle the issues. However, the respondent and his parents imposed certain conditions to restore her matrimonial house. The petitioner and her father were unable to fulfill their demands, consequently, she was necked out of the matrimonial home.

7. Being aggrieved by the ill-treatment and harassment meted out in her matrimonial home, she approached the Court and filed an application seeking for maintenance on 21.11.2015. Initially, the Court of first instance directed the respondent to pay the maintenance of Rs.2,000/- per month till disposal of the petition. Being aggrieved by the inadequacy of the maintenance, an appeal was preferred to the Appellate Court for enhancement. The Appellate Court enhanced the interim maintenance from Rs.2,000/- to Rs.5,000/- vide its order dated 07.08.2020 in Crl.A.No.5004/2020.

8. The respondent herein being aggrieved by the order of enhancement, filed an application for revision of the said order before this Court. This Court vide its order dated 25.08.2021, in Crl.R.P.No.629/2020 reduced the amount of interim maintenance from Rs.5,000/- to Rs.4,000/-.

9. The said order of interim maintenance attained finality and therefore, there is no dispute in that regard. The interim order passed by this Court by the Co-ordinate Bench is not the subject matter of the petition. Therefore, the petitioner restricted prayer No.3 for separate accommodation at her matrimonial home.

10. Heard Smt. Pramila Nesargi, learned Senior Counsel for Sri.C.Jagadish, learned counsel for the petitioner and Sri. Nandish Gowda G.B., learned counsel for the respondent.

11. It is the submission of the learned Senior Counsel that, the petitioner being the wife of the respondent, she is entitled to have separate accommodation in terms of the provision under Section 17 of the Protection of Women from the Domestic Violence Act, 2005 (for short, “D.V.”Act).

12. It is further submitted that the respondent is the only son residing along with his parents at Tumakuru in their own house. The accommodation can be made in the same building where the respondent is residing. The law of domestic violence Act provides certain privileges to the destituted women who are thrown out of the matrimonial house without any reasons by their in-laws.

13. It is further submitt