D. SANTHOSH KUMAR AND OTHERS Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682031 AND OTHERS

JUDGEMENT

(1.) Petitioner herein is the counter petitioner in M.C.No.64 of 2008 of the Judicial First Class Magistrate Court, Haripad, in which, the second respondent herein claimed reliefs under section 12 of Protection of Women From Domestic Violence Act 2005. It was claimed that, after the marriage, revision petitioner harassed the de facto complainant/second respondent and demanded dowry. Matrimonial relationship got strained leading to the above complaint. Revision petitioner appeared and filed objection traversing the various objections. Though several claims were made, court below, on an evaluation of the oral testimony of PWs.1 to 3 and Exts.P1 to P3(a) marked and also the evidence of CPW1, granted two reliefs. Firstly, revision petitioner was directed to pay Rs. 1,500/- each per month to both of the contesting respondents herein. Revision petitioner was directed to return Rs. 1,00,000/- to the second respondent herein.

(2.) Respondents herein carried it in appeal in Crl.Appeal.No.262 of 2010. On an evaluation of the available materials, lower appellate court enhanced the maintenance to Rs. 2,500/- payable to the second respondent and Rs. 2,000/- to the third respondent. The direction to pay Rs. 1,00,000/- to the second respondent herein was sustained. There was a further direction to return 51 sovereigns of gold and its value at the current market value.

(3.) According to the revision petitioner, he is not challenging the order of maintenance passed by the trial court and as modified by the appellate court. He has paid Rs. 1,00,000/-, which he was obliged to pay as per the trial court's order. His grievance was only regarding the direction to return 51 sovereigns of gold ornaments. The revision is confined to this point.