AKBAR IBRAHIM PATEL Vs. AMINA AKBAR PATEL

JUDGEMENT

(1.) HEARD the learned Counsel for the respective parties.

(2.) THIS Petition is directed against the order passed by the JMFC, Kolhapur maintained upon Appeal by the learned Sessions Judge, Kolhapur directing the petitioner to pay a sum of Rs.1,20,000/- under Section 20 of the Domestic Violence Act + a sum of Rs.10,000/-towards medical expenses and another sum of Rs.10,000/- for physical and mental suffering. The learned Counsel for the petitioner submits that the petitioner-husband had sent Talaknama to the respondent-wife which she refused to receive. The question was whether the victim could be said to have domestic relationship with the petitioner. The learned Counsel for the petitioner could not show any provision excluding a person in the category of petitioner from liability to pay amount under the provisions of the Domestic Violence Act. The learned Magistrate has granted a sum of Rs.1,20,000/- towards the entire claim of future maintenance which would ensure a return of just Rs.12,000/- per annum to the victim at maximum rate of interest i.e. Rs.1,000/- per month. It cannot be said that this amount is exorbitant. The learned Counsel for the petitioner states that this amount is beyond the capacity of the petitioner, since petitioner is holding a Diploma in Industrial Electronics and presently unemployed with the burden of maintaining second wife. If that be so, the petitioner should search for suitable employment.