THEERTHA ROOPA Vs. SHIVAMMA

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 Cr.PC is filed challenging the order dtd. 27/4/2013 passed by the II Addl. Civil Judge & JMFC, Hassan, in Crl.Misc.No.316/2010 and the judgment dtd. 29/8/2015 passed by the II Addl. District & Sessions Judge, Hassan, in Crl.A.No.105/2013.

(2.) Heard the learned Counsel for the petitioner and also perused the material available on record.

(3.) Facts leading to filing of this petition narrated briefly are, the respondents are the wife and children of the petitioner. They had filed Crl.Misc.No.316/2010 before the Trial Court under Sec. 12 of the Protection of Women from Domestic Violence Act , 2005 (for short, 'the Act') claiming maintenance of Rs.5,000.00 per month from the petitioner. The petitioner had filed detailed statement of objections to the said claim made by the respondents. To substantiate her case, respondent no.1 had examined herself as PW-1 before the Trial Court and had produced five documents as Exs.P-1 to P-5. The petitioner had examined himself as RW-1, however, he had not produced any documents in support of his defence. The Trial Court by order dtd. 27/4/2013 had partly allowed the petition filed by the respondents and directed the petitioner to pay monthly maintenance amount of Rs.6,000.00 to the respondents from the date of the order. The appeal filed against the said order dtd. 27/4/2013 under Sec. 29 of the Act before the Appellate Court in Crl.A.No.105/2013 was partly allowed and the Appellate Court modified the order of maintenance and directed the petitioner to pay a sum of Rs.5,500.00 to the respondents per month from the date of the petition. Being aggrieved by the same, the petitioner is before this Court.