LAWS(KAR)-2009-12-97

R. RAMU Vs. SMT. LEELAVATHI

Decided On December 07, 2009
R. RAMU Appellant
V/S
Smt. Leelavathi Respondents

JUDGEMENT

(1.) THE matter arises under the Protection of Women from Domestic Violence Act, 2005. In the said proceedings, the wife maintains an application seeking maintenance of Rs. 20,000/ - per month and compensation under Section 22 of the Act and for such other reliefs.

(2.) THE case of the wife is that she and her husband married on 1 -6 -1989 as per their customs at Chinthamani. After the marriage, they stayed together for a considerable period of time. During the wedlock two children were born. It appears, the marriage life was a smooth sailing affair for about a couple of years. But however, the husband started ill -treating her and used to come home late. Her main allegation is that he is living with another lady. It is her case that the husband is earning Rs. 50,000/ - as Bar bender. In view of the physical violence and mental violence she is taking treatment at a private nursing home and the husband has refused to pay the bills. She would further allege that the husband has taken away the gold ornaments, two wheelers and cash which was realised from the sale of a site on 24 -5 -2006.

(3.) LEARNED Counsel appearing for the petitioner vehemently submits that the husband is willing to maintain the wife. He further submits that the determination of maintenance at the rate of Rs. 3,000/ - to the wife and Rs. 2,000/ - each to the two children is excessive, inasmuch as, the total earnings of the husband is not more than Rs. 6,000/ -. Another contention is that she is getting enough rents from the buildings.