Crl.R.C.No.993 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.993 of 2021
and
Crl.M.P.Nos.13216 & 13217 of 2021
Raja Prabakar ... Petitioner
..vs..
Supriya ... Respondent
Criminal Revision Case filed under Sections 397 and 401 Cr.P.C to
set aside the judgment dated 14.09.2021 made in C.A.No.175 of 2020 on
the file of the I Additional District and Sessions Judge, Coimbatore
confirming the judgment dated 20.10.2020 in C.M.A.No.57 of 2020 in
D.V.A.No.155 of 2019 on the file of the Special Court DV Act Cases,
Coimbatore.
For Petitioner : Mr.D.Selvakumari
ORDER
This Criminal Revision Case has been preferred challenging the judgment dated 14.09.2021 passed in C.A.No.175 of 2020 by the learned I Additional District and Sessions Judge, Coimbatore. Page No.1/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.993 of 2021
2. The respondent/wife filed a petition in D.V.A.No.155 of 2019 against the petitioner/husband before the learned Judicial Magistrate, Special Court for Trial of Domestic Violence Act Cases, Coimbatore. During the pendency of the domestic violence case, the respondent filed a petition in C.M.P.No.57 of 2020 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 seeking interim maintenance before the trial Court. Though the trial Court ordered Rs.25,000/- as interim maintenance, challenging the said order the revision petitioner has preferred C.A.No.175 of 2020 before the I Additional District and Sessions Judge, Coimbatore. The learned Appellate Judge allowed the appeal in part, modified the order and directed the petitioner/husband to pay a sum of Rs.10,000/- to the respondent/wife and Rs.5,000/- to the minor daughter. Challenging the said judgment, the petitioner has filed the present revision before this Court.
3.This Court by an order dated 17.12.2021 granted an order of interim stay on condition that the petitioner deposits 50% of the arrears Page No.2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.993 of 2021 amount as on date to the credit of DVA.No.155 of 2019 before the Court below within the period of two weeks from today and apart from that the petitioner was directed to continue to pay Rs.2,500/- as interim maintenance to the daughter and Rs.5,000/- to the wife.
4.The learned counsel for the petitioner submitted that the conditional order passed by this Court has been complied with.
5.However, it seems that taking advantage of the said interim order, the petitioner without taking any steps to serve private notice on the respondent is now seeking extension of interim order. It appears that the petitioner has tried to prolong the matter based on the interim order granted by this Court. The petitioner has not shown any interest in serving notice on the respondents and get the order on merits in the present revision.
6.This Court gone through the entire materials and found that the Page No.3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.993 of 2021 domestic violence case is still pending before the trial Court. The relationship between the parties is not in dispute and the domestic violence case is pending before trial Court is not in dispute. Therefore, this Court is of the considered view that the order passed by the Appellate Court modifing the maintenance granted by the trial Court from 25,000/- to Rs.15,000/- to be paid to both respondent/wife and minor daughter does not warrant any interfernece and there is no merit in the revision case. Further, this Court finds that taking advantage of the interim order, the petitioner is dragging on the main domestic violence case. Hence, the order passed by the appellate Judge does not warrant any interference.
7. In the result, this Criminal Revision Case is dismissed and the judgment dated 14.09.2021 passed in C.A.No.175 of 2020 by the learned I Additional District and Sessions Judge, Coimbatore is confirmed. Consequently, connected miscellaneous petitions are closed.
8. Since the domestic violance case is pending from 2019, the Page No.4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.993 of 2021 respondent/wife is struggling with their survival and therefore in the interest of justice, this Court is inclined to direct the learned Judicial Magistrate, Special Court for Trial of Domestic Violence Act Cases, Coimbatore to dispose of D.V.A.No.155 of 2019 within a period of four months from the date of receipt of a copy of this order.
9. The respondent is permitted to withdraw the amount deposited by petitioner with accrued interest if any. Both the parties are directed to co-operate for disposal of the domestic violence case.
06.09.2022 Index: Yes/No Speaking Order/Non-Speaking Order ms Page No.5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.993 of 2021 P.VELMURUGAN, J.
ms To
1.The Special Court for Exclusive Trial of Cases Under POSCO Act, Chennai.
2.The I Additional District and Sessions Judge, Coimbatore.
Crl.R.C.No.993 of 2021 and Crl.M.P.Nos.13216 & 13217 of 2021 06.09.2022 Page No.6/6 https://www.mhc.tn.gov.in/judis