JOHNSON MANUEL Vs. LOVELY MARTIN

JUDGEMENT

(1.) Revision is by the respondent in a proceeding under Section 12 of the Protection of Women from Domestic Violence Act (for short, 'the Act'), challenging the orders passed by the Magistrate as confirmed by the learned Sessions Judge in appeal prohibiting him from committing any act of domestic violence as against the applicant, to accommodate her in his house mentioned in the complaint and also directing him to pay maintenance at the rate of Rs. 1,500/- to his two children over and above the maintenance awarded to them by the Family Court till enhancement of such claim is effected by such Court at the request of the claimant. Propriety, legality and correctness of that order is impeached by the respondent in this revision.

(2.) Notice given, the applicant in the aforesaid proceedings has appeared. The records of the case were called for and perused.

(3.) Application arising various reliefs under the Act, moved by the applicant/wife before the Chief Judicial Magistrate Court was transferred to the Court which has passed the impugned order. Order sheet reflecting the orders passed by the Magistrate on the application discloses, on transfer, the complaint coming up before the Court below on 18-7-2009 notice was ordered to the respondent through the protection officer. Complaint was posted for inquiry on 25-7-2009. Since there was no sitting of the Court on that day, the complaint was posted on 31-7-2009. That day, the applicant was present, but, there was no report from the protection officer and the case was adjourned to 12-8-2009. That day also the applicant was present. The Court ordered fresh notice to the respondent through protection officer and also by registered post, and adjourned the case to 19-8-2009. On 19-8-2009, the complainant and the respondent were present and the case was adjourned to 22-8-2009. The Court on 22-8-2009, hearing both sides and also the protection officer, passed the impugned order directing the respondent to accommodate the applicant in his house, restrained him from committing any act of domestic violence, and also awarded maintenance to his two children over and above the claim for maintenance already awarded by the Family Court, with a rider that such claim shall continue to be in force till enhancement of the claim by the Family Court on the application of the applicant is considered and decided. Perusing the records of the case, it is also noticed that the respondent, on his appearance, has moved an application seeking time to file objections to the claims made, after getting assistance from a counsel. No orders have been passed by the Court on the request made by the respondent as aforesaid for filing objections.