The High Court modified an impugned judgment in domestic violence proceedings, awarding damages to the wife for assault and enhancing the monthly rent for alternate accommodation for the wife from Rs.5,000 to Rs.7,000.
Deduced damages of Rs.20,000; enhanced alternate accommodation rent to Rs.7,000 per month; modified impugned judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 472 OF 2013
C/W
CRIMINAL REVISION PETITION NO. 124 OF 2013
IN CRL.RP NO.472/2013:
BETWEEN:
S. VENKATESH KUMAR, S/O LATE K. P. SAMPATHKUMAR, AGED ABOUT 39 YEARS, R/A NO.1766/A, 14TH MAIN, 4TH CROSS, PRAKASHNAGAR, BANGLORE-560 021.
…PETITIONER
(BY SRI. B. C. MAHESHA, ADVOCATE - ABSENT)
AND:
Digitally signed AND: by BELUR RANGADHAMA NANDINI SMT V. SUJATHA, Location: HIGH W/O S. VENKATESH KUMAR, COURT OF AGED ABOUT 35 YEARS, KARNATAKA R/A NO.7, II CROSS, GUPTHA LAYOUT, SATHYANARAYAN TEMPLE STREET, HOSALA NAGAR, ULSOOR, BANGALORE-560008.
…RESPONDENT
(BY SRI KALEEMULLAH SHARIFF, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 CR.P.C R/W UNDER SECTION 29 OF THE PROVISIONS OF PROTECTION OF WOMEN'S FROM DOMESTIC VOILENCE ACT PRAYING TO SET
ASIDE THE PORTION OF JUDGMENT AND ORDERS DATED 02.06.2012 IN CRL. MISC. NO.188/2008 ON THE FILE OF THE M.M.T.C.-I, MAYO HALL, BANGALORE THAT ON THE PETITION FILED BY THE RESPONDENT U/S 13 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 FOR MAINTENANCE WHEREIN DIRECTED THE PETITIONER TO PAY MAINTENANCE OF RS.3,000/PER MONTH TO THE RESPONDENT ALONG WITH RS.2,000/INTERIM MAINTENANCE AWARDED BY FAMILY COURT IN C.MISC. NO.456/2004 AND FURTHER DIRECTED TO PAY RS.10,000/TOWARDS MEDICAL EXPENSES AS PER ANNEXURE-A & ETC.,
IN CRL.RP NO.124/2013: BETWEEN:
SMT. U. SUJATHA W/O VENKATESH KUMAR, AGED ABOUT 36 YEARS, R/O NO.7, 2ND CROSS, GUPTA LAYOUT, HALASUR BANGALORE-560 008.
…PETITIONER (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE)
AND:
VENKATESH KUMAR, S/O K.P.SAMPATH KUMAR, AGED ABOUT 40 YEARS, R/O NO.307, INDIRA NIVAS, 13TH CROSS, PIPE LINE, MAHALAKSHMI LAYOUT, BANGALORE-560 086.
…RESPONDENT (BY SRI. B. C. MAHESH, ADVOCATE - ABSENT)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO MODIFY THE JUDGMENT DATED 08.11.2012 PASSED BY THE ADDL. S.J. & P.O., F.T.C.-III, MAYO HALL UNIT, BANGALORE IN CRL.A.NO. 25088/2012 AND JUDGMENT DATED 02.07.2012 PASSED BY THE M.M.T.C.-1, BANGALORE CITY IN CRL. MISC. NO.188/2008 AND ENHANCE THE MEDICAL EXPENSES, MAINTENANE AND RESIDENTIAL RELIEF.
THESE PETITIONS COMING ON FOR FINAL HEARING THIS DAY, ANANT RAMANATH HEGDE J., MADE THE FOLLOWING: ORDER
Both the revision petitions i.e., Crl.R.P. No.472/2013 and Crl.R.P. No.124/2013 arise out of the order dated 08.11.2012 passed in Crl.A.No.25088/2012 on the file of the Fast Track Court-III, P.O. and Addl. Sessions Judge, Mayo Hall Unit, Bengaluru.
denied the allegations leveled against him. Allegation of domestic violence and allegation of assault leveled against the husband are denied by the husband. The parties in support of their claim have led evidence. The wife is examined as P.W.1 and she produced 75 documents marked at Ex.P.1 to P.75. The husband is examined as R.W.1 and one witness is examined as R.W.2 and has produced 80 documents marked as Ex.R.1 to R.80. In addition to that 4 material objects have also been exhibited on behalf of the respondent. The Trial Court on appreciation of materials on record has passed an order holding that the wife has proved the domestic violence by the husband and a restraint order is passed against the husband not to indulge in act of domestic violence against the wife and the Court also held that the wife is not entitled to an order of residence and Court awarded Rs.10,000/- towards medical expenses and Court also awarded monthly maintenance of Rs.5,000/- per month from the date of petition.
dated 08.11.2012, the appeal filed by the wife is allowed in-part. The appeal filed by the husband is dismissed.
injured on account of the assault by the husband. He further submits that in a place like Bengaluru, Rs.5,000/- per month would not be adequate to hire a property on rent. As such the order relating to payment of rental amount has to be enhanced by taking into consideration the status of the parties.
Rs.10,000/- towards medical expenses, though the claim is made that the wife has incurred Rs.25,000/- towards medical expenses, no documents are produced to substantiate the said contention. Under the circumstances, the wife is entitled to damages of Rs.20,000/-.
CRL.RP No. 472 of 2013 C/W CRL.RP No. 124 of 2013
ORDER
Sd/JUDGE
Sd/JUDGE
BRN
3 issues framed by the court
Whether the wife is entitled to damages for injuries sustained due to domestic violence under Section 22 of the Protection of Women from Domestic Violence Act, 2005.
Whether the amount awarded towards alternate residential accommodation needs to be enhanced considering the escalation in rental costs.
Whether the impugned orders passed in the first appellate court should be modified.
2 provisions across 2 enactments
S. Venkatesh Kumar
Smt V. Sujatha
Smt. U. Sujatha
Venkatesh Kumar
Alok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
