JACOB P.MATHEW Vs. MINI

JUDGEMENT

(1.) Respondent in M.C.No.2 of 2018 on the files of the Judicial Magistrate of the First Class-I, Changanassery is the revision petitioner. He seeks to set aside the judgment of the Additional Sessions Judge-V, Kottayam dtd. 28/9/2021 in Crl.Appeal No.96 of 2019. That appeal was against the order in M.C.No.2 of 2018. The petitioner also seeks to set aside the order of the learned Additional Sessions Judge, dtd. 7/12/2022 in Crl.M.P.No.1518 of 2022 in Crl.Appeal No.96 of 2019.

(2.) The 1strespondent is the wife of the petitioner. She filed M.C.No.2 of 2018 seeking reliefs under Ss. 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). The learned Magistrate refused to grant a residence order, however, directed the petitioner to pay a monthly maintenance of Rs.3,000.00. In the appeal, a residence order was granted by reversing the findings of the trial court. Monthly maintenance was enhanced to Rs.7,500.00. While allowing the 1strespondent to reside in the shared household, the appellate court gave an option to the petitioner of providing an alternative accommodation to the 1st respondent. The petitioner has filed Crl.M.P.No.1518 of 2022 before the appellate court in order to get an order directing the 1strespondent to shift the alternative accommodation. He had furnished the details of the building he had availed on rent for that purpose.

(3.) The appellate court, after deliberating upon the pleadings, materials and the submissions of the parties, refused to allow that petition. The appellate court held as follows:-