MUSTHAFA Vs. MUMTHAS K T

JUDGEMENT

(1.) The revision petitioner, who is the respondent in MC No.1/2012 of the Chief Judicial Magistrate, Kalpetta, Wayanad in a proceeding under the Protection of Women from Domestic Violence Act 2005, challenges the judgment in the above MC, as confirmed by the appellate court in Crl.Appeal No.123/2015 of the Sessions Judge, Kalpetta, Wayanad.

(2.) The first respondent herein filed the MC invoking section 12 of the DV Act. The marriage of the revision petitioner with the first respondent took place on 14/11/1998. It was stated that, 44 sovereigns of gold ornaments and Rs.75, 000/- were entrusted to her at the time of marriage. Two children were borne in the matrimonial relationship. It was alleged that, the gold ornaments and cash entrusted were misappropriated by the revision petitioner. He used to physically assault the wife. It was alleged that, he maintained an illicit relationship with one Arifa. Subsequently, he abandoned the wife and failed to maintain the wife and children. It was stated that, the family of the revision petitioner had 15 acres of plantation, from which the revision petitioner was earning considerable income of about Rs.5, 000/- per month. He was also driver by profession and was earning a sum of Rs.10, 000/- per month. Hence, the wife sought a sum of Rs.7, 000/- for herself and two children. She also claimed a sum of Rs.2, 000/- towards the monthly rent. She sought restraint order, order of maintenance and an order for return of gold ornaments.

(3.) The revision petitioner appeared and filed objection denying the above allegations. It was asserted that, he had no job. No gold ornaments or money were entrusted at the time of marriage. He alleged that, the wife committed cruelty and the allegation that he committed cruelty was false. He denied the allegation of illicit relationship with another lady.