SHIVRAJ Vs. CHINNAMMA

JUDGEMENT

(1.) The petitioner -Shivraj has called in question the judgment passed in Criminal Appeal No. 76/2013 dated 25.05.2015 on the file of Principal District and Sessions Judge, Bidar, in enhancing the maintenance at the rate of Rs. 4,000/ - per month and awarding rental amount of Rs. 2,000/ - per month to the respondent and also awarding compensation of Rs. 25,000/ - as against the maintenance of Rs. 2,200/ - per month, rental amount of Rs. 800/ - per month and compensation of Rs. 10,000/ - awarded by the learned Magistrate in Criminal Miscellaneous No. 13/2010.

(2.) For the purpose of convenience and to avoid repetition of facts, ranks of the parties as per their ranks before the Trial Court are retained.

(3.) Petitioner -Chinnamma wife of respondent -Shivraj filed a petition seeking monthly maintenance of Rs. 2,500/ - per month and also a residence and protection order under the provisions of Protection of Women from Domestic Violence Act. The respondent has appeared before the Court and contested the proceedings before the Trial Court. The petitioner examined herself as P.W. 1 and produced two documents as Exs. P1 and P2. The respondent also examined himself as R.W. 1 and two more witnesses were examined as R.Ws. 2 and 3 and got marked two documents at Exs. D1 and D2. The Trial Court after appreciating the oral and the documentary evidence on record has come to the conclusion that the petitioner is entitled for monthly maintenance of Rs. 2,200/ - and Rs. 800/ - per month towards rental amount and Rs. 10,000/ - as compensation. The Trial Court has taken into consideration the salary certificate and also earning capacity of the respondent who was working as Junior Line Man and drawing gross salary of Rs. 15,269/ - and also considering that he has got aged parents has awarded the above said amount.