VIJAYKUMAR AND ORS. Vs. NAGAVENI AND ORS.

JUDGEMENT

(1.) These 3 petitions arise out of the marital discard between Vijaykumar and his wife Nagaveni. 3 Revision petitions are filed, out of which two are by the husband and one by wife. They are the off -shoot of second round of litigation between them in Crl. Misc. No. 291 of 2011 on the file of JMFC, Dharwad.

(2.) The first round of litigation between them was in Crl. Misc. No. 194 of 2008 on the file of the JMFC, Dharwad which was initiated by the wife against her husband under Sec. 12(1) of the Domestic Violence Act wherein she had invoked Sec. 20 of the DV Act for maintenance from her husband. It is not in dispute that the said proceedings in Crl. Misc. No. 194 of 2008 came to be allowed awarding maintenance to wife in a sum of Rs. 2,000/ - per month and sum of Rs. 1,000/ - per month to her daughter against which it is seen that an appeal was filed by the wife in Crl.A.16 of 2009 on the file of Sessions Court, Dharwad wherein the maintenance granted at Rs. 3,000/ - per month was enhanced to Rs. 5,000/ - per month.

(3.) The said order was challenged by her in Crl.R.P. No. 2279 of 2009 on the file of this Court wherein the coordinate Bench of this Court dismissed the said revision petition holding that the maintenance enhanced by the Sessions Court in Crl.A.16 of 2009 is just and proper. Therefore, further enhancement cannot be granted. While dismissing that it was made clear under the changed circumstance revision petitioner is entitled to seek further relief in a petition to be filed by her and the same may be considered based on the evidence to be furnished. It is seen that in view of the observation made by Co -ordinate Bench of this Court, the second round of litigation in Crl.Misc. No. 291 of 2011 is launched under Sec. 127 (1) of the Cr.P.C. seeking enhancement of maintenance.