B.R.SUDHEER KUMAR Vs. PALLAVI

JUDGEMENT

(1.) "Whether the impugned order awarding expenses at the rate of Rs.3,000/- per month towards separate residence of the respondent and Rs.5,000/- per month towards maintenance suffer illegality, impropriety or incorrectness?" is the question involved in this case.

(2.) The marriage of the petitioner and respondent was solemnized on 28.10.2001 as per Hindu Customs. Out of the wedlock, the couple begot two sons. There was disharmony in the family. Therefore, respondent started to reside with her children in her parental house since about 2008.

(3.) The respondent filed Crl.Misc.No.25/2010 before the Additional Senior Civil Judge and J.M.F.C., Chikmagalur under Section 12 of the Protection of Women from Domestic Violence Act against the petitioner alleging that he subjected her to physical and mental cruelty suspecting her fidelity and without providing anything for her and her children for their sustenance. She further alleged that being unable to withstand the cruelty of the petitioner, she along with her children started to live separately. She claimed that the petitioner despite having sufficient means, failed and neglected to maintain her and her children. Thus claimed the protection order, maintenance at the rate of Rs.25,000/- per month, compensation of Rs.10,00,000/- and Rs.10,000/- for the education expenses of her children.