These two petitions filed under Section 397 r/w 401

Cr.P.C are arising out of the impugned order dated

22.11.2022, passed by the 72nd Addl. City Civil and

Sessions Judge, at Mayo Hall, Bengaluru, whereby the order

dated

07.01.2022

passed

by

the

trial

Court

in

Crl.Misc.No.267/2018 came to be modified, enhancing the

maintenance granted to the petitioner/wife from Rs.8000/-

to Rs.25,000/- p.m., pending disposal of the petition.

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2.

For the sake of convenience, the parties are

referred to by their rank before the trial Court.

3.

Petitioner filed a petition under Section 12 of

the Protection of Women from Domestic Violence Act,

2005, seeking several reliefs including maintenance at the

rate of Rs.1,00,000/- p.m. She also moved an application

for interim maintenance. Respondent resisted the same.

Vide order dated 07.01.2022, the trial Court granted

interim maintenance at the rate of Rs.8,000/- p.m.

Petitioner challenged the same before the Sessions Court

in Crl.A.No.25021/2022. Vide the impugned Judgment and

order,

the

Sessions

Court

enhanced

the

interim

maintenance

to

Rs.25,000/-

p.m.

which

is

being

challenged by both petitioner and respondent in these two

petitions.

4.

It is the case of the petitioner that respondent

is no other than the younger brother of her mother. Their

marriage was solemnized on 01.06.1997 in a grand

manner at Bengaluru, spending huge amount. After the

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marriage, petitioner stayed in the matrimonial home.

Through the wedlock, they are having a daughter.

Respondent is a politician. Initially he was Member of

Grampanchayath of Vaderahalli. Later he was elected as a

Zilla Panchayath Member. He was also a Standing

Committee Member of Health and Education. Recently he

is appointed as Congress President for Dasanapura Block

by the Congress Committee.

5.

Respondent is also doing real estate business.

He is owning several agricultural properties totally

measuring

hundred

acres

at

Dasanapura,

Huskur,

Vaderahalli, Nelamangala, Mudigere, Chikmagalur, etc. He

is also owning a restaurant. His monthly income is more

than Rs.20 lakhs. Petitioner has alleged that respondent is

a chain-smoker, a drunkard, compulsive gambler, and

womanizer. Petitioner tolerated the respondent till 2017.

Unable to bear the harassment meted out by him, during

2017 she shifted to her mother's house along with their

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daughter. Respondent is liable to maintain the petitioner

and hence the petition seeking several reliefs.

6.

Respondent has appeared through counsel and

filed objections, admitting the relationship between him

and the petitioner and that they are having a daughter

through the wedlock. However, he has denied that at the

time of marriage, huge dowry, gold ornaments were given

and marriage was conducted in a grand manner. He has

claimed that he is married to one Parvathi on 14.04.1994.

Through the

wedlock, they are having two

sons.

Respondent has claimed that since petitioner is the

daughter of his sister and as she was not getting suitable

alliance, at the insistence of his mother and sister, he

married the petitioner. All of them were knowing about his

marriage to Parvathi and having a son. After the marriage

he was living with petitioner at Vaderahalli. Through the

wedlock, they are having a daughter.

7.

During September 1997, petitioner left the

matrimonial home with daughter and started living with

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her parents. He is maintaining the petitioner and their

daughter. It was petitioner who was picking up quarrel

with him whenever he visited her. He has denied that he is

owning hundred acres of agricultural land, cars and other

valuable properties. Petitioner was the Member of

Panchayath and she made respondent to spend lakhs of

rupees to contest the election. In fact to secure the future

of petitioner and their daughter, he got purchased 22

gunthas of land in Sy.No.32/2 in favour of Petitioner.

Respondent has denied that he is a chain-smoker, a

drunkard, compulsive gambler, and womanizer and forced