Case Note & Summary
The revision petition was filed by the husband and his family members (petitioners) challenging the order of the 1st Additional Sessions Judge, Kalaburagi, which confirmed the trial court's order granting maintenance and residence to the wife (respondent). The respondent-wife had filed a complaint under the Protection of Women from Domestic Violence Act, 2005, alleging domestic violence and seeking maintenance and a separate residence. The trial court, after considering the evidence, including a domestic incident report, granted Rs.3,000 per month as maintenance, medical expenses, and directed the husband to provide a separate residential house from among three houses owned by the family. The appellate court upheld this order. The petitioners contended that the wife had filed multiple cases, including for custody of children, and that she was living separately without just cause. They also alleged that the wife had illicit relationships and that the courts below had not considered these aspects. The High Court, in revision, examined the concurrent findings of fact and held that the courts below had properly appreciated the evidence. The court noted that the wife had proved domestic violence and that the husband had sufficient income to pay maintenance. The court also observed that the wife had a right to reside separately due to harassment. The revision petition was dismissed, and the orders of the lower courts were upheld.
Headnote
A) Family Law - Domestic Violence - Maintenance and Residence - Protection of Women from Domestic Violence Act, 2005, Sections 12, 18, 19, 20, 22 - The respondent-wife filed a complaint alleging domestic violence and sought maintenance and residence. The trial court granted Rs.3,000 per month maintenance, medical expenses, and directed the husband to provide a separate residential house. The appellate court confirmed the order. The High Court, in revision, upheld the concurrent findings, noting that the wife had proved domestic violence and the husband's income was sufficient. Held that the courts below had correctly exercised discretion and no interference was warranted (Paras 2-6).
Issue of Consideration
Whether the courts below erred in granting maintenance of Rs.3,000 per month, medical expenses, and a separate residential house to the respondent-wife under the Protection of Women from Domestic Violence Act, 2005.
Final Decision
The revision petition is dismissed. The judgment and order of the 1st Additional Sessions Judge, Gulbarga in Crl.Appeal No.22/2014 dated 02.12.2014 and the order of the Prl. Civil Judge and JMFC, Aland in Crl.Misc.No.138/2013 dated 27.05.2014 are confirmed.
Law Points
- Maintenance under Protection of Women from Domestic Violence Act
- 2005
- Right to residence
- Domestic incident report
- Concurrent findings
- Revision jurisdiction
Case Details
2021 LawText (KAR) (11) 35
Sharanabasappa M.Patil (for petitioners), Ganesh Naik (for respondent)
Shivakumar S/o Iranna Kambar, Iranna S/o Basappa Kambar, Basavaraj S/o Iranna Kambar, Ramachandra @ Ramanna S/o Iranna Kambar
Parvati W/o Shivakumar Kambar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal revision petition against orders granting maintenance and residence under the Protection of Women from Domestic Violence Act, 2005.
Remedy Sought
Petitioners (husband and his family) sought to set aside the judgment of the 1st Additional Sessions Judge, Kalaburagi, and the order of the Principal Civil Judge and JMFC, Aland, which granted maintenance and residence to the respondent-wife.
Filing Reason
The petitioners challenged the orders granting maintenance of Rs.3,000 per month, medical expenses, and a separate residential house to the wife, alleging that the courts below did not consider the wife's previous cases and her alleged illicit relationships.
Previous Decisions
The trial court (Prl. Civil Judge and JMFC, Aland) in Crl.Misc.No.138/2013 dated 27.05.2014 granted maintenance and residence. The appellate court (1st Addl. Sessions Judge, Gulbarga) in Crl.Appeal No.22/2014 dated 02.12.2014 confirmed the trial court's order.
Issues
Whether the courts below erred in granting maintenance and residence to the wife under the DV Act?
Whether the concurrent findings of fact warrant interference in revision?
Submissions/Arguments
Petitioners argued that the wife had filed multiple cases including for custody of children and was living separately without just cause, and that the courts below did not consider these aspects.
Respondent argued that she was subjected to domestic violence and was entitled to maintenance and separate residence as per the DV Act.
Ratio Decidendi
The High Court held that the concurrent findings of the courts below, based on evidence including the domestic incident report, justified the grant of maintenance and residence to the wife. The court found no perversity or illegality in the orders and declined to interfere in revision.
Judgment Excerpts
This revision petition is filed under sections 397 read with section 401 of Cr.P.C., praying this Court to set aside the judgment and order of the trial Court and also order of the I Additional Sessions Judge at Kalaburagi granting Rs.3,000/-per month to the petitioner as maintenance and medical expenses and also ordered to provide separate residential house to the petitioner at Yelsangi village for her residence, out of three houses, which is situated near Gram Panchayat, Yelsangi as per Domestic Incident Report and also directed to pay arrears of maintenance within one month and further direction was given to the concerned jurisdictional police to carry out the order of the Court.
Procedural History
The respondent-wife filed a complaint under the DV Act. The trial court (Prl. Civil Judge and JMFC, Aland) passed an order in Crl.Misc.No.138/2013 on 27.05.2014 granting maintenance and residence. The petitioners appealed to the Sessions Court, which dismissed the appeal in Crl.Appeal No.22/2014 on 02.12.2014. The petitioners then filed the present revision petition before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 397, 401
- Protection of Women from Domestic Violence Act, 2005: 12, 18, 19, 20, 22
