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IN THE COURT OF THE SESSIONS JUDGE, ERNAKULAM

Present:-
Sri. P. G. Ajithkumar, B.Sc, LL.M., II Addl. Sessions Judge.
Tuesday, 27
th
day o May, 2!"#$%
th
Jyaishta, "&'%.
Cr. A!!"a N#.$%&'()$*
(Against the )rder dated:"*.!2.2!"# in +rl.MP ,o."22$2!"2 in
+rl.M.+.,o.'$"2 on the ile o the Addl. +hie Judicial Magistrate +ourt-
-rna.ula/0
1ro/ 2hich court the a33eal
is 3reerred
: A+JM, -rna.ula/
,o. o the case in that +ourt : +rl. M.P. ,o."22$2!"2 in +rl.M.+ '$2!"2
,o. o +ri/inal A33eal : +rl.A.,o. "%'$2!"#
,a/e and descri3tion o the
A33ellant$4es3ondent
:
Than.a33an.P.4, S$o.4a5an +hettiar,
aged %' years, Bhaga6athy Bha6an,
The..u/7hago/, Tri3unithura.
By Ad6. Mathe2 Scaria and To/y Paul
,a/e and descri3tion o the
4es3ondent$Petitioner 8 State
:
". A/7i.a, 9$o.Than.a33an.P.4, aged
*: years, Bhaga6athy Bha6an,
The..u/7hago/, Tri3unithura.
2. State o ;erala, re3resented 7y
Pu7lic Prosecutor, <istrict +ourt,
-rna.ula/.
4" - By Ad6s. B. 4a/achandran and
4eesha ,.4
42 = Pu7lic Prosecutor
Sentence and la2 under 2hich
it 2as i/3osed in the lo2er
court
: -
9hether conir/ed, /odiied
or re6ersed and, i /odiied,
the /odiication
: A33eal is allo2ed in 3art
Dat" #+ #r #, -hi.h
Presentation 1iling
,otice issued
7y court to
a33ear
Bail 7ond i
a33ellant
has
7een let out
on 7ail
A33ellant
ordered
to a33ear
>earing
Judg/ent
or order
":.!'.2!"# ":.!'.2!"# :.!#.2!"# - - 27.!*.2!"# 27.!*.2!"#
- 2 -
This +rl. A33eal co/ing on or hearing 7eore /e u3on 3erusing the
3etition o a33eal and the record o the e6idence and 3roceedings, and u3on
duly considering the sa/e and ater hearing a33ellant?s counsel I do ad5udge
and 3ass the ollo2ing:-
JUDGMENT
This is an a33eal iled under Section 2& o the Protection o 9o/en
ro/ <o/estic @iolence Act, 2!!*.
2. The a33ellant is the res3ondent in M.+.,o. '$2!"2 on the ile o
the Addl. +hie Judicial Magistrate +ourt, -rna.ula/. >e 2as directed as
3er order dated "*$2$2!"# on +rl.M.P.,o."22$2!"2 to 3ay interi/
/aintenance o `#,!!!$- 3er /onth to the res3ondent.
'. The res3ondent iled M.+.,o.'$2!"2 alleging do/estic 6iolence
and clai/ing /aintenance. She contended that the a33ellant, 2ho is a Aul
returnee and getting suicient inco/e including rent, has 7een neglecting
the res3ondent 2ithout 3aying any /aintenance, and that he has enough
inco/e to 3ay /aintenance.
#. The a33ellant iled o75ection raising the contentions that his only
inco/e 2as the rent deri6ed ro/ a rented 7uilding, o `#,7*!$- 3er /onth,
that he has 7een 3urchasing all house hold articles reBuired in his
residential house, 2here the res3ondent also has 7een residing and the
res3ondent gets enough und ro/ their children, 2ho are e/3loyed.
*. Ater hearing 7oth sides, the trial court ordered to 3ay interi/
/aintenance o `#,!!!$-. The a33ellant challenges the said order as illegal
- ' -
and against the 3rudence and logic. According to the a33ellant, the trial
court did not consider the /aterials on record to enter a inding that he had
enough inco/e to /a.e 3ay/ent o such an a/ount and that at the ag end
o the /ain 3roceedings, no such order should ha6e 7een 3assed.
%. I ha6e heard the learned counsel o the a33ellant. The
res3ondent, on recei3t o notice entered a33earance, 7ut did not turn u3 to
argue the /atter.
7. The 3oint to 7e considered is, 2hether the order o the trial
court is lia7le to 7e set aside or 6aried C
:. Th" P#i,t :- <o/estic relationshi3 and the lia7ility o the
a33ellant to /aintain the res3ondent are 3ractically undis3uted. The case
o the a33ellant is that he has 7een s3ending all the /oney reBuired to
/eet the do/estic eD3enses and thereore there is no need to 3ay any
/aintenance to the res3ondent. The a33ellant also contended that the
res3ondent has 7een getting enough /oney ro/ their children 2ho are all
e/3loyed. The trial court did not ad6ert to any e6idence or /aterial in
order to enter a inding that the a33ellant had to 3ay interi/ /aintenance
at the rate o `#!!!$- 3er /onth. According to the trial court, the
a33ellant has 7een getting rent and he 7eing a Aul returnee, got enough
inancial ca3acity to 3ay such an a/ount as interi/ /aintenance. )
course, the a33ellant ad/itted that he 7as 7een getting `#,7*!$- as rent 3er
/onth. )ther than that, there is no e6idence to sho2 that any inco/e has
7een deri6ed 7y the a33ellant. Si/3ly 7ecause he is a Aul returnee, he
- # -
need not ha6e inco/e. In the a7sence o any e6idence or /aterial to sho2
that the a33ellant got inco/e other than the rent, it /ay 7e ina33ro3riate
to order hi/ to 3ay `#,!!!$- to the res3ondent e6ery /onth. It /ay 7e noted
that the a33ellant has a deinite contention that des3ite his eD3ending
/oney to /eet all the do/estic needs, the res3ondent has not 7een
3ro6iding hi/ 2ith ood. I so, the a33ellant has to e.e out his li6elihood
also ro/ his inco/e. Ta.ing into account all such /atters, I a/ o the 6ie2
that the interi/ /aintenance shall 7e `2,*!!$- 3er /onth instead o
`#,!!!$-. The order o the trial court is lia7le to 7e 6aried to that eDtent.
The 3oint is ans2ered accordingly.
In the result, the a33eal is allo2ed in 3art. In /odiication o the
order o the trial court, the a33ellant is directed to 3ay `2,*!!$- (4u3ees
T2o Thousand and 1i6e >undred only0 3er /onth as interi/ /aintenance
to the res3ondent ro/ "$'$2!"2 till dis3osal o M+.,o.'$2!"2.
<ictated to the conidential Asst. transcri7ed and ty3ed 7y hi/, corrected
and 3ronounced 7y /e in o3en court on this the 27
th
day o May, 2!"#.
P. G. Ajithkumar,
II A//. S"00i#,0 Ju/1"
APPENDI23 ,il
II A//. S"00i#,0 Ju/1"
r.r
+o/3.7y: