The court confirmed the legal obligation of a husband to provide maintenance to his wife under the relevant statutory provisions.

ORDER

The present revision is filed by the petitioner against the order dated 15.12.2022 passed by the learned Principal District and Sessions Judge, Vellore, Vellore District in C.A.No.48 of 2021 modifying the order dated 14.07.2021 passed by the learned Judicial Magistrate, Additional Mahila Court, Vellore in D.V.C.No.32 of 2020.

2. The case of the petitioner is that, the marriage of the petitioner/husband and respondent/wife was solemnised on 26.04.2015 at Sethuvalai Village. While so, due to some matrimonial dispute between them, the petitioner filed divorce petition in H.M.O.P.No.117 of 2017 on the file of learned Principal Subordinate Court, Vellore, in which the respondent filed a petition seeking interim maintenance and the trial court ordered for Rs.4,000/- per month and the petitioner complied with the order of the learned Principal Subordinate Court, Vellore till August, 2021. In such circumstances, during the pendency of HMOP, alleging that, the petitioner tortured the respondent in many ways and subjected her to cruelty and he also had illicit intimacy with one Amala and when the same was questioned by the respondent, the petitioner refused to maintain the respondent, the respondent filed a maintenance case in FCMC.No.59 of 2019 on the file of the learned Family Court, Vellore and the Family Court, Vellore passed an order directing the petitioner to pay a sum of Rs.10,000/- p.m. as maintenance to the respondent and in which, the respondent has filed a petition in Crl.M.P.No.267 of 2021 to receive arrears of maintenance amount from the petitioner. Further, even though the respondent has not taken any steps for reunion with the petitioner from the year 2017 to 2021, during the time when the trial was about to conclude, the respondent has filed a petition u/s 9 of Hindu Marriage Act for restitution of conjugal rights in HMOP.No.127 of 2022. During the pendency of the above said petition, the respondent filed a petition u/s 12 of Domestic Violence Act before the learned Judicial Magistrate, Additional Mahila Court, Vellore in D.V.C.No.32 of 2020 seeking relief of accommodation, return of 19½ sovereigns of gold jewels, Yamaha two- wheeler along with Streedhana Articles worth about Rs.1,50,000/- alleged to have been given to the petitioner at the time of marriage, maintenance and compensation and the trial court granted protection order, residential order and also ordered Rs.5,000/- as monthly maintenance and further, directed the petitioner to return all the streedhana articles to the respondent, however, dismissed the petition in respect of compensation and also dismissed the petition as against the mother of the petitioner. Aggrieved by the same, the respondent has filed an appeal in C.A.No.48 of 2021 before the learned Principal District and Sessions Judge, Vellore, Vellore District and the lower appellate court vide impugned order 15.12.2022 had partly allowed the appeal, modifying the monthly maintenance amount to Rs.15,000/- from the date of filing of DVC petition and further directed the petitioner to return the 16½ sovereigns of gold jewels along with the Sreedhana Articles to the respondent and also directed the petitioner to pay a sum of Rs.4,50,000/- as compensation to the respondent. Challenging the same, the present revision has been filed by the petitioner.

3. Learned counsel appearing for the petitioner submitted that, though the petitioner was working as a Constable in Central Reserve Police Force, Assam and earning a sum of Rs.60,000/- p.m., however, directing the petitioner to pay a sum of Rs.15,000/- as monthly maintenance to the respondent is highly excessive, since he has to take care of his parents and he has to pay the loan amount. He further submitted that, without any materials, the lower appellate court directed the petitioner to return 16½ sovereigns of gold jewels, which is wholly unsustainable. Further, the lower appellate court has awarded a sum of Rs.4,50,000/- as compensation in favour of