AJITH NAYAK Vs. SHREELATHA NAYAK

JUDGEMENT

(1.) HEARD the learned counsel for petitioner. The respondent in person present and submitted her arguments.

(2.) THE records disclose that respondent filed a petition before the Addl. Chief Judicial Magistrate, Bangalore Rural District, Mangalore in C. Misc. No. 75/2010 against the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 making several grounds for her relief. The trial court not only passed the order granting interim maintenance at Rs. 2,500/ - per month but also passed an order on the application filed by the petitioner directing the respondent to surrender his passport before the Court solely on the ground that the present petitioner has not filed any objections to the said application. The said order of the learned Magistrate was challenged before the II Addl. Sessions and Special Judge, FTC -III, Bangalore in Crl. Appeal No. 45/2013. After hearing both the parties the said order passed by the learned Magistrate has been modified to the effect that the present petitioner (husband) -Ajith Nayak has to surrender his passport within 15 days from the date of order of the appellate court before the trial court and trial court is directed to take custody of the passport of Ajith Nayak and further the trial court is also directed to consider the application of Ajith Nayak permitting him to go to foreign countries as and when required only for limited period without obstructing the court proceedings. The orders of both the trial court and appellate court are called in question before this court in this petition.

(3.) PER contra, the respondent Smt. Shreelatha Nayak submitted before court that the petitioner has harassed her like anything and he made her life miserable. He has not attended court regularly. Therefore, it made her inevitable to make such application before trial court. Accordingly, she supported the orders of the trial court and as well as appellate court.