Arulanandraj vs Agilandeshwari

Budihal R.B., J.—This revision petition is preferred by the husband challenging the judgment and order dated 29.9.2014 passed by the Addl. Sessions Judge, Fast Track Court No. X, Bangalore in Crl.A. No. 465/2014 and also the judgment and order of the III MMTC, Bangalore dated 5.4.2014.

Heard the arguments of both sides on admission.

The brief facts leading to this petition are, the respondent-wife filed the petition stating that she is the legally wedded wife of petitioner-husband and their marriage took place on 23.2.2004 and in the wedlock the couples are having a male child. It is further averred in the petition that till the end of December 2010 couples lived happily. Subsequently, she left the matrimonial home on 28.1.2011 alleging that her husband is giving mental and physical torture to her insisting her to bring dowry amount from her parent''s house and was also addicted to vices and was giving ill-treatment and harassment to her under the influence of alcohol. It is also alleged in the petition that he had illicit relationship with a girl by name Prema. He was insisting his wife to bring Rs. 40,000/- to purchase a motorcycle and also Rs. 2,00,000/- to purchase a house. It is also the allegation of the respondent-wife that because of the cruel treatment meted out to her, father of the respondent committed suicide. The husband appeared in the matter and filed objection statement denying the allegations made in the petition. It is his contention that it is his wife who deserted him and left his company. Hence, she is not entitled to the protection and monthly maintenance as sought for in the petition. The trial Court, after considering the submissions made by both the parties and on conducting enquiry, has come to the conclusion that respondent-wife has established that there was domestic violence meted out to her by the husband and ultimately allowed the petition and granted protection by directing Jnanabharathi police station that she is to be given proper protection. She was also awarded monthly maintenance of Rs. 10,000/- for herself and Rs. 5,000/- to her son till he attains majority. It was also directed to the husband to make separate arrangement for the residence of his wife and son. Further, since she was subjected to physical and mental harassment, he has been directed to pay compensation of Rs. 5,00,000/-. The petitioner-husband challenged the order of the trial Court by preferring an appeal before the Fast Track Court No. X at Bangalore. The learned Fast Track Judge, after hearing the parties and considering the merits of the case, ultimately confirmed the order passed by the trial Court holding that no illegality has been committed by the trial Court in coming to such conclusion and also the finding recorded by the trial Court regarding domestic violence meted out by the husband to the petitioner has been upheld by the appellate Court.

I have perused the order of the trial Court as well as of the first appellate Court.

Perusing the materials on record and also the orders of the Courts below, it is seen that each and every aspect of the matter has been considered in coming to such conclusion. No illegality has been committed nor there is any perverse or capricious view taken by the Courts below in coming to such conclusion. Even regarding the domestic violence meted out to the wife by her husband, there are concurrent findings of the Courts below. Hence, petitioner herein has not made out a case to admit the matter. There are no merits in this petition.

Hence, petition is rejected.