LAWS(KAR)-2017-12-95

RAJESH. S. Vs. KOMALA

Decided On December 11, 2017
RAJESH. S. Appellant
V/S
KOMALA Respondents

JUDGEMENT

(1.) Learned counsel Sri. GM. Gadilingappa, submits that he has already filed vakalath for the respondent. Office to show the name of Sri. GM. Gadilingappa for the respondent. Both the counsels are present. Though this case is posted for orders with regard to office objections, in view of the urgency pleaded by the learned counsel for the petitioner and with the consent of the respondent's counsel, the matter is heard on merits. In view of the same, office objections are over-ruled.

(2.) Learned counsel for the petitioner/husband strenuously contends that though the matter has been concluded up-to this Court under the Domestic Violence Act, it is the specific contention that though the Trial Court has ordered for a residential accommodation in the petitioner's house, the respondent/wife is enforcing the said order on the house of the brother of the petitioner. Therefore, that should not be allowed to continue. In this manner, he submits that the order of the Trial Court deserves to be quashed and further the order passed in Crl.A.No. 1494/2017 also deserves to be quashed.

(3.) He also further contends before this Court that presently the petitioner is not residing in the said house and he has shifted himself to Vellore and if at all the respondent has got any right, she can go and live with her husband and ask for a separate accommodation, instead of doing so, she is at the brother's house of the petitioner to execute the order of the Trial Court for residential accommodation as ordered by the Trial Court earlier in Crl.Misc.No. 202/2011.