YASHASWINI Vs. M. ANEGUDDE GANESH

JUDGEMENT

(1.) This petition is by the wife, who is aggrieved by the order of the Sessions Court whereby the learned Sessions Judge in his appellate jurisdiction on the interim application of appellant/husband stayed the order of the Magistrate.

(2.) The learned Magistrate while partly allowing the petition of the wife filed under Sec. 12 of the Protection of Women from Domestic Violence ct, 2005 ('the Act' for brevity), prohibited the husband from inflicting violence against the wife and further ordered, if any such violence is perpetuated, the concerned Police shall give adequate protection to her. That apart, the husband was ordered to pay monthly maintenance of Rs. 10,000/ - till her life or until she marries again, along with Rs. 5 lakhs compensation towards the injuries caused to her, mental, emotional and financial distress suffered by her. Further, he was directed to arrange a separate residential house and pay legal expense of Rs. 1,000/ -.

(3.) The aggrieved husband challenged above order in the appeal as provided under Sec. 29 of the Act read with Sec. 374 of the Code of Criminal Procedure ('the Code of brevity). On his interim application filed under Sec. 29 of the Act, an ex -parte order is passed by the learned Sessions Judge thus: