ABDUL SALAM Vs. V.S. SOBHANA

JUDGEMENT

(1.) Both the Crl.revision petitions arise from the order in MC No.29/2012 of JFMC-II, Kanjirappally, in a proceeding under section 12 of the Protection of Women from Domestic Violence Act. Hereinafter, parties are referred as the husband and wife for the purpose of reference.

(2.) The wife was a Hindu widow with two daughters and one son. Husband, who is a Muslim, married her in April 1996. He was employed in the Excise Department at that time. While residing together, it was alleged by the wife that, the husband used to get intoxicated, harass her and committed various acts of domestic violence. The wife was conducting a bus service. The buses were sold at the instance of the husband. He also allegedly took away 40 sovereigns of gold ornaments belonging to her. Ultimately, he deserted her in 2009. It was contended that the husband used to get pension of Rs.10, 000/- and another sum of Rs.20, 000/- from FD and his properties. He earned an income of Rs.30, 000/- per month, it was alleged. The wife filed MC No.29/2012 seeking relief under sections 18, 20 and 22 of the Protection of Women from Domestic Violence Act. She claimed protection order, maintenance order at the rate of Rs.7, 000/- per month, value of the gold ornaments at the rate of 2, 50, 000/- and compensation of Rs.10 Lakhs for the mental and physical agony allegedly caused to her by the husband.

(3.) The husband filed detailed objection traversing the various allegations. It was contended that the petition was not maintainable since it was not in a proper form ie.Form No.II as contemplated under the DV Act. It was contended that, the wife had sufficient income and he denied the allegation of commission of domestic violence. The buses were on hire purchase. The wife sold it and proceeds were appropriated by her. He gets a pension of Rs. 6, 000/- only and he had undergone heart surgery. The husband denied the allegation that he had taken away the gold ornaments.