LAWS(KAR)-2020-2-57

ARUN ARAVIND HABBU Vs. ARCHANA PRABHAKAR

Decided On February 10, 2020
ARUN ARAVIND HABBU Appellant
V/S
ARCHANA PRABHAKAR Respondents

JUDGEMENT

(1.) This revision petition is filed by the petitioners being aggrieved by the order passed by the Metropolitan Magistrate Traffic Court-III, Bengaluru (hereinafter referred to as 'Trial Court') in Crl. Misc.No.65/2018, dated 15.10.2018 and the same was upheld by the LXVIII Additional City Civil and Sessions Court, Bengaluru (hereinafter referred to as 'First Appellate Court') in Crl.A.No.2147/2018, dated 05.09.2019.

(2.) Heard the arguments of learned counsel for the petitioners and the respondent.

(3.) The case of the petitioners is that the respondent/wife filed a petition before the trial Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'D.V. Act') against these petitioners claiming relief under various provisions of the D.V. Act and also seeking maintenance from these petitioners. The trial Court also granted interim maintenance to the child at Rs.4,000/- per month. After appearance, the petitioners filed objections contending that the petition is not maintainable as it was not filed in the form prescribed under Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006 (for short D.V.Rules) and prayed for dismissing the petition as not maintainable. The trial Court after hearing the arguments rejected the said contention and posted the matter for filing objections to the main petition. Assailing the same, the petitioners filed an appeal before the First Appellate Court, which also came to be dismissed on 05.09.2019. Hence, the petitioners are before this Court by way of this revision petition.