SHAMSHAD BEGUM Vs. NAGINA BANU

JUDGEMENT

(1.) This revision is filed by the revision petitioners, who were Respondent Nos.4, 5, 8, 9, & 12 before the learned Magistrate and Respondent Nos. 3, 4, 7, 8 & 11 before the First Appellate Court challenging the order passed by the II Additional Sessions Judge, Shivamogga in Crl. A.No.5/2018 whereby the learned Sessions Judge has directed the present revision petitioners along with other respondents to return the utensils, gifted articles including the gold and silver jewels lying with respondent No.1, to wife who was the petitioner before the learned Magistrate.

(2.) For the sake of convenience, the parties herein are referred with the ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, the petitioner Nageena Banu is the wife of Respondent No.1- Ansar Ahamed, while other respondents were mother-in-law and other relatives of Respondent No.1. The marriage is said to have been solemnized on 10/3/2013 at Nyamath Shadi Mahal, 100 Feet Road, Shivamogga and it was an arranged marriage. There are also allegations regarding spending huge amount for the marriage and gifting of house-hold articles to the extent of Rs.2.00 Lakhs and payment of dowry of Rs.50,000.00. Later on, the petitioner complained domestic violence against the respondents and filed a C. Misc. No.40/2014 on the file of the JMFC-II Court, Shivamogga, under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 ( for short, ' D.V. Act ') claiming the relief of maintenance, protection of Domestic Violence and other reliefs. The petition came to be partly allowed as against Respondent No.1/Husband by awarding maintenance of Rs.5,000.00 from the date of petition and further Respondent No.1 is restrained from causing any act of domestic violence against the petitioner.