SAJI Vs. LISSY K.J.

JUDGEMENT

(1.) THE revision petitioner herein challenges the order passed by the learned Judicial First Class Magistrate -II, Hosdurg in M.C. 83/2009 under Section 12 of the Protection of Women from Domestic Violence Act 2005 (for short ' the Act'), confirmed in appeal. The respondent is the wife of the revision petitioner. She was married by him on 21.10.1996 and she has been residing separately since 2.11.2009. Two children born in the wedlock, aged 16 years and 10 years respectively, are now with the respondent. On the allegations of extreme acts of cruelty and neglect to maintain, the respondent brought proceedings under Section 12 of the Act for different reliefs like protection order, residence order, maintenance order etc.

(2.) THE case of the respondent in her complaint brought under Section 12 of the Act is that she had been subjected to much mental and physical ill treatment by her husband, but she suffered everything for years for the children. However on 2.11.2009 she was driven out from the matrimonial home, and since then her husband has not given anything to her and the children by way of maintenance. She has serious apprehension that she would even be done away with if she continues in the shared house hold home without sufficient and adequate protection under the law.

(3.) THE trial court conducted an enquiry in the proceedings and recorded evidence. The respondent herein examined herself as PW1 to substantiate the allegations in the complaint, and the revision petitioner examined himself as RW1. The respondent gave evidence regarding the allegations made in the complaint including cruelty, neglect etc, but the revision petitioner adduced contra evidence denying everything.