BASAVARAJ GADED Vs. NAGAVENI ALIAS NAGAMMA

JUDGEMENT

(1.) Petitioner married the respondent on 11.5.2006. Out of the wedlock, they have two male children. Petitioner is working as a driver and respondent is working as a conductor in BMTC. On account of matrimonial discord, they are living separately. Children born out of wedlock, are living with respondent.

(2.) A petition under S.12 of the Protection of Women From Domestic Violence Act, 2005, was filed against petitioner. Notice of the petition sent by RPAD to both the addresses i.e., working place and native place, were returned with an endorsement "unclaimed". Learned Magistrate considering the case, allowed the petition and directed petitioner herein to pay maintenance of Rs. 2,500/-p.m. to each of the children viz., Master Srishela and Master Mallikarjuna, till they attain majority, from the date of petition. Petitioner was also directed to pay compensation of Rs. 50,000/- to the complainant within one month from the date of the order. Crl.A.No.70/2012 filed in the Sessions Court at Bangalore City was dismissed by an order on 25.2.2012. Feeling aggrieved, the husband has filed this Criminal Revision Petition.

(3.) Sri Jayalingayya, learned counsel appearing for the petitioner raised two grounds for consideration viz., (1) that the petition has been allowed by the learned Magistrate without serving a notice on respondent in the complaint and hence, the impugned orders are illegal. (2) The amount of maintenance ordered to be paid to the children and the compensation ordered to be paid to the wife is without lawful basis and highly excessive.