V.K. ANAND Vs. S.SUJATHA

JUDGEMENT

(1.) Respondent of a case bearing Crl.Misc.No.295/2011 which was pending on the file of the Court of II MMTC, Bangalore has filed this revision petition challenging the final order passed on 20.07.2013 in Crl.Misc.No.295/2011 and affirmation of the same in Crl.A.No.407/2013 an appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'). The respondent was the petitioner in the said case and petitioner herein was the respondent in the said Crl.Misc.295/2011. Parties would be referred to as petitioner and respondent as per their ranking before the trial Court.

(2.) Petitioner is the legally wedded wife of the respondent and their marriage was solemnized according to the customs of hindu religion. Petitioner had filed a petition under Section 12 of the Act against the respondent seeking monthly maintenance of Rs.5,000/- per month, for grant of compensation of Rs.2 lakhs, and to provide residence to her and protection order. The said petition was contested by the respondent by filing detailed objection. Ultimately, the petition came to be allowed granting a sum of Rs.5,000/- as monthly maintenance and a direction is given to the respondent to provide resident to the petitioner. The said final order passed on 20.07.2013 was called in question by filing criminal appeal under Section 29 of the said Act before the Sessions Court, Bangalore and the said appeal is dismissed after contest. It is these concurrent findings which are called in question on various grounds as set out in the petition.

(3.) Several grounds have been urged in the revision petition filed before this Court. It is contended that the trial Court has not properly analyzed the oral and documentary evidence. It is contended that the income of the respondent is not properly taken into consideration. It is contended that infact when the said order was passed on 20.07.2013, only a sum of Rs.2,500/- per month was awarded and it is rectified as Rs.5,000/- per month subsequently by the learned Judge of the trial Court. It is contended that the respondent had filed a petition seeking divorce on the ground of cruelty and desertion and the said petition filed in M.C.No.1779/2011 is allowed by the III Additional Principal Judge, Family Court, Bangalore and the marriage has come to an end by virtue of decree of divorce dated 07.03.2014 and subsequent event will have to be taken into consideration to mold the relief.