H.K. SREENIVASA Vs. C. JAYANTHI

JUDGEMENT

(1.) Heard the revision petitioner/party-in-person and the learned counsel for the respondent.

(2.) This revision petition is filed praying this Court to set aside the order passed by the Trial Court in C.Misc.No.82/2014 dtd. 11/3/2020 on the file of the learned MMTC-II, Bengaluru and also the confirmation order passed in Crl.A.No.588/2020 dtd. 4/10/2021 on the file of the learned LXIII Additional City Civil and Sessions Court (CCH-64), Bengaluru.

(3.) The factual matrix of the case of the wife/respondent herein before the Trial Court invoking Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act' for short) is that her marriage was solemnized with the petitioner herein on 14/2/1990 at Devanga Sangha, Palani, Tamil Nadu. From 1996, the husband deliberately refused to maintain the wife. The petitioner herein assaulted the respondent herein and caused bleeding injuries. Inspite of the wife being a dutiful wife, the husband filed a judicial separation petition in M.C.No.190/1996 and the same was dismissed. The wife filed a suit for maintenance in O.S.No.288/2001 and the said suit was decreed awarding maintenance of Rs.3,500.00 per month. The husband did not take back the wife, instead he filed a divorce petition in M.C.No.483/2005 on the ground of cruelty and desertion. The said petition was also dismissed. In M.C.No.483/2005, an interim maintenance of Rs.5,000.00 was granted to the wife and the Hon'ble High Court of Karnataka enhanced the interim maintenance of Rs.8,000.00 from October 2011 till the disposal of M.C.No.483/2005. From 4/12/2014, he avoided to pay maintenance. On 22/3/2014 before CCH-52, the wife approached the husband to take back her, but the husband refused to do so. The husband instead of taking back the wife, filed several other petitions. During subsistence of their marriage, he married Smt.Parimala and in the said wedlock, one female child was born. With regard to the second marriage of the husband, the wife lodged the complaint before the Court in C.C.No.11268/2006. That on 22/3/2014 and on 26/4/2014, the wife went along with her mother to the house of her husband, but he refused to take back her. Hence, the wife filed the petition seeking maintenance as well as compensation.