CHANDRAPPA Vs. SHYLAJA

JUDGEMENT

(1.) In this petition filed under Sec. 397 r/w 401 Of Cr.P.C, respondent No.5 before the trial Court has challenged the order passed by the trial Court, partly allowing the petition filed by petitioner before the trial Court granting restraining order and also maintenance at the rate of Rs.500.00 p.m. to her daughter till further orders, which came to be confirmed by the Sessions Court by dismissing the appeal filed by him.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) Petitioner filed a petition under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 seeking several relief including protection order and maintenance. It is the case of the petitioner that she is the wife of first son of respondent No.1 and they are having a daughter who was aged seven years at the time of filing of petition. After the death of his first wife, respondent No.1 married respondent No.2 as his second wife. Respondent Nos.3 to 5 are their children. Petitioner and her daughter are living in a portion of the family house of respondents. Petitioner's husband Bhojraj is staying in Bengaluru. Petitioner has alleged that in the above circumstances, respondents are trying to oust petitioner and her daughter from the house and they are also causing domestic violence demanding dowry and not providing from out of the joint family income.