IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 8^th DAY OF FEBRUARY 2021

BEFORE

THE HON9BLE MR.JUSTICE K. NATARAJAN

CRIMINAL REVISION PETITION NO.100202/2020

BETWEEN:

SABIYA W/O UMAR FAROOQ AGA

AGE. 22 YEARS,

OCC. HOUSEHOLD WORK,

R/O 5TH CROSS, VEERBHADRA NAGAR, BELAGAVI,

TALUKA AND DISTRICT-BELAGAVI-590016

.. PETITIONER

(BY SRI. DEEPAK S. KULKARNI, ADVOCATE)

AND:

1 . UMAR FAROOQ @ (ZUHEB) S/O MUSHTAQ AHMED AGA

AGE-31 YEARS, OCC. BUSINESS,

R/O CTS NO.3693/A, DARBAR GALLI, BELAGAVI-590002.

TALUK AND DISTRICT-BELAGAVI.

2 . MUSHTAQ S/O. AHMEDSAB AGA,

AGE. 62 YEARS, OCC. BUSINESS,

R/O CTS NO.3693/A, DARBAR GALLI,

BELAGAVI-590002.

TALUK AND DISTRICT. BELAGAVI.

3 . SAHERA W/O. MUSHTAQ AGA

AGE. 52 YEARS, OCC. HOUSE HOLD WORK,

R/O CTS NO.3693/A, DARBAR GALLI,

2

BELAGAVI-590002.

TALUK AND DISTRICT. BELAGAVI

4 . ALMAS W/O. ABBUBAKAR GOLANDAZ

AGE. 34 YEARS, OCC. HOUSE HOLD WORK,

R/O. MURGAMATH, MAHANT NAGAR,

3RD CROSS, DHARWAD-580001,

TALUKA AND DISTRICT. DHARWAD

5 . SAJEEDA @ GOHAR W/O. SAMEER ATTAR

AGE. 34 YEARS, OCC. HOUSE HOLD WORK,

R/O. NEAR MOMIN GALLI, MASJID,

BHENDI BAZAR, BELAGAVI-590001.

TALUK AND DISTRICT. BELAGAVI

.. RESPONDENTS

(RESPONDENTS SERVED)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE

ORDER DATED 06.10.2020 PASSED IN CRL.A. NO.281/2019 BY THE

V ADDL. DIST. AND SESSIONS JUDGE, BELAGAVI. THE ORDER

DATED 06.08.2019 PASSED BY THE LEARNED JMFC II COURT

BELAGAVI N CRIMINAL MISCELLANEOUS NO.94/2018 MAY KINDLY

BE CONFIRMED.

THIS PETITION COMING ON FOR ADMISSION THROUGH

PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

This criminal revision petition is filed by the petitioner wife

as against the order passed by the learned V Additional District and

Sessions Judge, Belagavi in Criminal Appeal No.281/2019 dated

3

06.08.2020 wherein the learned Sessions Judge has allowed the

appeal filed by the respondent No.1-husband under Section 29 of

the Protection of Women from domestic Violence Act, 2006

(hereinafter referred to as the 8DV Act,9 for brevity) and directing

the appellant therein(husband) to pay a sum of Rs.3,000/- per

month towards rentals of the alternative accommodation for

respondent No.1 and her daughter from the date of filing of IA No.1

i.e. on 07.05.2018 till disposal of the main petition pending before

the trial Court.

2.

The respondents are served and unrepresented.

3.

Heard the arguments of the learned counsel for the

petitioner.

4.

The case of the petitioner-wife before the trial Court is

that, she has filed a petition under Section 12 of the DV Act. During

the pendency of the petition, the petitioner filed I.A.I under Section

19 of the DV Act seeking direction to respondent No.1 to secure

same level of alternate accommodation by paying rent and the trial

Court allowed the I.A.I and permitted the petitioner stay in the

shared household of the respondents until further orders and

4

directed the police to assist the petitioner in implementation of the

said order vide order 19.08.2018. Assailing the order passed by

the trial Court, respondent No.1-husband filed an appeal which

came to be allowed wherein the first appellate Court has modified

the order passed by the trial Court and directed the respondent

No.1 to pay a sum Rs.3,000/- towards rentals of the alternative

accommodation from the date of filing of I.A.I i.e. on 07.05.2018 till

disposal of the main petition. Being aggrieved by order passed by

the first appellate Court, the petitioner-wife is before this Court.

5.

Learned counsel for the petitioner contended that the

trial Court has rightly allowed the application but the first appellate

Court has modified the order directing the appellant therein to pay

a sum of Rs.3,000/- per month which is highly insufficient to lead

the life in a city like Belgaum. The respond