S. VIJIKUMAR Vs. MOUWNEHWARACHARI C.

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 R/w Sec. 401 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') has been filed by the accused challenging the judgment and order dtd. 27/5/2021 passed by the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru City in Crl.A.No.757/2020.

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent - State.

(3.) Facts leading to filing of this revision petition narrated briefly are, the petitioner - wife had filed a petition in Crl.Misc.No.6/2014 under Sec. 12 of the Protection of Women from Domestic Violence Act , 2005 (hereinafter referred to as the 'Act of 2005' for short). The said petition was allowed on 23/2/2015 and the learned Magistrate had awarded a maintenance of Rs.12,000.00 per month in the said proceedings in favour of the petitioner and also an amount of Rs.1.00 lakh was awarded as compensation. The appeal filed by the respondent against the said order dtd. 23/2/2015 was dismissed for non-prosecution. Thereafter, the respondent had filed a petition under Sec. 25 of the Act of 2005 with a prayer to set-aside the order dtd. 23/2/2015 passed in Crl.Misc.No.6/2014 which was filed by the petitioner under Sec. 12 of the Act of 2005, on the ground that petitioner had suppressed material facts The said petition filed by the respondent under Sec. 25 of the Act of 2005 was dismissed by the learned Magistrate by order dtd. 4/3/2020 and the said order was challenged by the respondent in Crl.A.No.757/2020 filed under Sec. 29 of the Act of 2005. The appellate Court by order dtd. 27/5/2021 allowed the said appeal and had remanded the matter to the learned Magistrate with a direction to consider the application filed by the respondent under Sec. 25 of the Act of 2005 by giving opportunity to both the parties to adduce their evidence and dispose of the same in accordance with law. Being aggrieved by the same, the petitioner is before this Court.