LAKSHMAMMA Vs. RAJEGOWDA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, seeking to set aside the judgment and order dtd. 29/4/2014 in Crl.A.No.56/2012 on the file of the Court of the Additional Sessions Judge at Hassan and further seeks for confirmation of order of maintenance passed by the Court of II Additional Civil Judge and J.M.F.C., Hassan dtd. 30/3/2012 in Crl.Mis.No.28/2009.

(2.) It is the case of the petitioner is that, her marriage with the respondent was solemnized on 17/6/1982. The petitioner lived with the respondent for a period of 20 years. The couple had three children. It is the contention of the petitioner that, she was being harassed by the respondent, both physically and mentally, on every day. Even though she tried to live with the respondent by adjusting to the physical and mental cruelty, she could not tolerate the cruelty of the respondent. The petitioner further stated that, day-by-day, the respondent used to increase the cruelty, consequently, she had to leave the matrimonial home and started residing separately. Since the petitioner was unable to lead her life independently without any means, she had to file Miscellaneous Petition and sought for the relief under the Protection of Women from Domestic Violence Act (for short " DV Act ").

(3.) To prove the case of the petitioner, she examined herself as PW.1 and also examined PWs.2 and 3 to substantiate her case and also got marked Exhibits P1 to P10. On the other hand, the respondent examined himself as RW.1 and got marked Exhibits R1 to R8. The Trial Court after appreciating the oral and documentary evidence on record, allowed the petition partly and directed the respondent to pay maintenance to the petitioner a sum of Rs.5,000.00 per month and also directed the respondent to pay compensation of Rs.2,00,000.00 within two months from the date of the order.