Madras High Court
N.Rajasekar vs R.Kanchana on 17 June, 2021
Crl.R.C.No.541 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.541 of 2015
and M.P.No.1 of 2015
N.Rajasekar ... Petitioner
Vs.
R.Kanchana ... Respondent
PRAYER: This Criminal Revision Case has been filed under Section
397 read with Section 401 of Cr.P.C, and Protection of Women from
Domestic Violence Act, 2005, praying to set aside the order passed
in C.A.No.85 of 2013 dated 07.02.2015, on the file of the learned
Principal District and Sessions Judge, Vellore, Vellore District and
confirming the order passed in MC.No.7 of 2010, dated 06.09.2013,
on the file of the Judicial Magistrate No.III, Vellore and to allow this
Criminal Revision Case.
For Appellant : No appearance
For Respondent : Mr.R.Vinoth Raja
Government Advocate
JUDGMENT
(This case has been heard through video conference)
This Criminal Revision Case has been filed by the revision
petitioner to challenge the order passed in C.A.No.85 of 2013, dated
07.02.2015, on the file of the learned Principal District and Sessions
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Crl.R.C.No.541 of 2015
Judge, Vellore, Vellore District.
2.Heard Mr.R.Vinoth Raja, learned Government Advocate
(Crl.Side) though video conference and perused the materials
placed on record. The learned counsel for the petitioner is absent
for the last three hearings.
3.It is seen from the records that the parties are husband
and wife. The respondent herein/wife has filed a petition in MC.No.7
of 2010 before the Judicial Magistrate Court No.III, Vellore, under
Sections 18, 19 and 20 of the Protection of Women from Domestic
Violence Act, 2005, for protection; not to cause harassment; not to
ask for divorce against her otherwise in accordance with law; also
payment of interim maintenance and return of articles. The same
was allowed by the learned Judicial Magistrate by an order dated
06.09.2013. Aggrieved against the same, the husband appears to
have filed an appeal in C.A.No.85 of 2013 before the learned
Principal District and Sessions Judge, Vellore, Vellore District,
wherein, the learned Judge has confirmed the order of the learned
Judicial Magistrate and hence, the Criminal Revision Case.
4.After perusing the records and also taking note of the
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.541 of 2015
fact that as admitted, issuance of legal notice forcing the wife to
give divorce other than in accordance with law and all other factors
have been duly taken into consideration by the learned Judicial
Magistrate as well as by the Sessions Court. In the absence of any
perversity, I find that the scope of the revision petitioner is limited
besides on factual position, the husband is trying to get divorce
from illegal means and hence, I do not find any merit in this criminal
revision.
5.Accordingly, this Criminal Revision Case stands dismissed
and the order passed by the learned Judicial Magistrate No.III,
Vellore, in M.C.No.07 of 2010, dated 06.09.2013, as confirmed by
the learned Principal District and Sessions Judge, Vellore, Vellore
District, in C.A.No.85 of 2013, dated 07.02.2015 is hereby
confirmed.
17.06.2021
Index : Yes/No
Internet : Yes/No
dua
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.541 of 2015
RMT.TEEKAA RAMAN. J.
dua
To
1.The Principal District and Sessions Judge,
Vellore, Vellore District.
2.The Judicial Magistrate No.III, Vellore.
3.The Public Prosecutor, High Court, Madras.
Crl.R.C.No.541 of 2015
and M.P.No.1 of 2015
17.06.2021
https://www.mhc.tn.gov.in/judis/
