K.K. NARAYANAN Vs. LATHIKA. K.

JUDGEMENT

(1.) THE husband is aggrieved by the orders obtained by his wife in a proceeding brought under Section 12 of the Protection of Women from Domestic Violence Act (PWDV Act). He married her in November 1997, and a son born in their wedlock, has now become major. She has been residing separately from the husband since May 2004. Alleging cruelty and desertion, she brought M.C. 9/2007 before the Family Court, Kozhikode for maintenance under Section 125 Cr.P.C. The husband entered appearance in the said proceeding and made vigorous contest. However in the said proceeding the Family Court, Kozhikode granted maintenance to the wife at the rate of 1,000/ - per month, and to the minor son at the rate of 750/ - per month. The said order was passed on 21.4.2008. After obtaining such an order, the wife brought proceeding under the PWDV Act before the Judicial First Class Magistrate Court II, Perambra, claiming various reliefs like protection order, residence order, compensation order and maintenance order. In the said proceeding also the husband entered appearance and made contest. He contended that he has already assigned 12 cents of property in the name of his minor son, and they have been residing peaceably in the said house to which he is not given access. He also contended that the wife has sufficient income as a teacher, and that he does not have much income to provide as claimed by the wife.

(2.) THE learned Magistrate conducted enquiry in the proceeding brought under the PWDV Act, and recorded evidence. The wife examined herself as PW1, and the husband examined himself as RW1. The wife proved Exts. P1 to P3 documents, and the husband proved Exts. B1 to B6 documents. On an appreciation of the evidence the learned Magistrate found that in view of the strained relation ship and the genuine apprehension of the wife, she is entitled to get protection order, maintenance order, residence order etc. Accordingly, the trial court passed orders in M.C. 24/2008 on 17/06/2010, restraining the husband from committing any act of domestic violence against the wife, restraining him from causing any disturbance to the peaceful possession and enjoyment of the shared household by the wife, restraining the husband from dispossessing the wife from the shared household, directing the husband to pay of 50,000/ - as compensation to the wife, and also directing him to pay maintenance to her at the rate of 1,500/ - per month.

(3.) THIS revision came up for consideration along with two other connected revisions. Aggrieved by the original order passed by the Family Court under Section 125 Cr.P.C. in M.C. 9/2007, the husband brought RPFC 120/2012. After obtaining orders under the PWDV Act, the wife brought another claim under Section 127 Cr.P.C., for enhancement in maintenance, as C.M.P. 142/2013. The said proceeding was also vigorously contested by the husband on the contention that the wife in fact does not require any enhancement in maintenance because she is employed, and she has her own income. Anyway in the said proceeding the Family Court enhanced the amount of maintenance awarded to the wife from 1,000/ - to 3,000/ -. The amount awarded to the child initially at the rate of 750/ - per month was enhanced to 4,000/ - per month on a special consideration that he requires good amount for education purposes. Aggrieved by the said order in C.M.P. 142/2013, the husband brought another revision as R.P.F.C. 268/2014. Those two revisions are pending consideration.