V KV SARMA Vs. MS INDRA SARMA

JUDGEMENT

(1.) The Petitioner is before this Court, aggrieved by the trial court allowing the application filed by the Respondent Under Section 12 of the Protection of Women from Domestic Violence Act. 2005 ('the Act' for short) and the said order of the trial court being confirmed by the lower appellate court.

(2.) The brief facts are. the Respondent filed a petition Under Section 12 of the Act and sought, among other things, a direction to the Petitioner to pay her maintenance)of Rs. 18,000/- per month and in the petition it was stated by her that, she had a live-in-relationship with the Petitioner despite the Petitioner having wife and two children and on account of the companionship the Respondent had with the Petitioner even took certain amount, from the Respondent by stating that he would buy a site in her name and the Respondent, who was at that time working as a Consultant for many Companies including Nice Company, however, was not taken care of by the Petitioner herein and she was ill-treated and harassed by the Petitioner. Though the Petitioner herein is well placed having 3 acres of land and a house at Nagarbavi apart from carrying on the business of Beauty Parlor and having number of vehicles and earning more than Rs. l,50,000/- per month, the Petitioner did not take care of the Respondent herein and therefore she was constrained to file the petition Under Section 12 of the Act.

(3.) The Petitioner herein contested the said application before the trial court and contended that the Petitioner never asked the Respondent to leave her job and the Respondent started staying in a separate house since 1993 and the Petitioner herein did not force the Respondent to undergo abortion nor he took any money from her and he also denied the income from various business alleged by the Respondent and took up the contention that the Respondent is not legally wedded wife of the Petitioner and therefore the petition be rejected.