G KALASEGOWDA Vs. N K NETHRAVATHI

JUDGEMENT

(1.) These two petitions are filed by the husband and wife challenging the order passed by MMTC-III, Bangalore, in Crl.Misc.No.153/2012 dtd. 5/10/2013 and the judgment dtd. 9/6/2015 passed by the LIX Additional City Civil & Sessions Judge, Bangalore in Crl.A.No.580/2013. The husband has filed Crl.RP.No.795/2015 while the wife has filed Crl.RP.No.1031/2015.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the learned Magistrate in Crl.Misc.No.153/2012.

(3.) The brief factual matrix leading to the case are that the petitioner-wife has filed the petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act'), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of Rs.10,00,000.00. According to the petitioner, her marriage with respondent was solemnized on 15/3/1998 and after the marriage, the petitioner joined the respondent and out of the said wedlock two children are born by name Navyashree and Uma. K born in 1999 & 2001 respectively. It is asserted that the respondent is working as Assistant Teacher in primary school and he has subjected the petitioner-wife to domestic violence demanding dowry. It is further asserted that she has also lodged a complaint under Sec. 498A of I.P.C against the respondent for dowry harassment and matter is still pending. It is asserted that the respondent having sufficient means neglected the petitioner and hence, this petition.