LAWS(KAR)-2017-3-113

ASITHA PRASAD Vs. SOAMI PRASAD

Decided On March 23, 2017
Asitha Prasad Appellant
V/S
Soami Prasad Respondents

JUDGEMENT

(1.) Crl.P. No. 125/2012 is filed by the respondent before the lower Court, hereinafter referred to as "husband" calling in question the order dated 13.8.2010 in C.Misc. No. 727/2009 on the file of the I Metropolitan Magistrate, Traffic Court, Mayo Hall, Bengaluru and the judgment dated 30.11.2011 passed by the Fast Track Court-III in Crl.A. No. 25104/2010.

(2.) Crl.P. No. 1016/2012 is filed by the petitioner "wife" in respect of the very same orders passed by the Courts below in-so-far as they relate to the quantum of monetary relief and has sought for grant of monetary relief as prayed for by her in the application under Sec. 12(1) of the Protection of Women from Domestic Violence Act, 2005 ("PWDV Act, 2005" for short).

(3.) The brief facts essential for the disposal of the petitions are as follows : That the petitioner/wife filed an application under Sec. 12 read with Sections 19,20 and 22 of the Protection of Women from Domestic Violence Act, 2005 seeking monetary relief of Rs. 1,43,000.00 p.m. under various heads for her and for her two children for life sustenance including payment of monthly rentals, alternate residence among other reliefs in Crl. Misc. No. 727/2009. She examined herself as PW.1 and produced as many as 212 documents marked as Ex. PI to Ex. P212. In rebuttal, the respondent/husband examined himself as RW.l and relied on 46 documents marked as Ex. R1 to Ex. R46. On appreciation of the oral and documentary evidence produced by the parties, the learned Magistrate partly allowed the petition filed by the wife and directed as under : VERNACULLAR MATTER