Madras High Court
Altaf Batcha vs Moshina on 3 March, 2022
Crl.R.C(MD)Nos.848 & 872 of 2021
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED : 03.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)Nos.848 & 872 of 2021
and
Crl.M.P(MD)Nos.9912 & 10298 of 2021
Crl.R.C(MD)No.848 of 2021:-
Altaf Batcha ... Petitioner
Vs.
Moshina ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to call for the
records relating to the order dated 15.09.2021 made in Crl.A.No.12
of 2020 on the file of the IV-Additional Sessions Court, Madurai,
confirming the order dated 07.08.2019 made in M.C.No.20 of 2015
on the file of the Additional Mahila Court, Madurai, allowing the
petition filed under Sections 18, 19 & 20(d) of the Domestic
Violence Act by the respondent/wife directing the
petitioner/husband to pay a sum of Rs.8,000/- per month in total
and set aside the same.
For Petitioner : Mr.R.Gandhi
For Respondent : Mr.S.M.A.Jinnah
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
Crl.RC(MD)No.872 of 2021:-
Altaf Batcha ... Petitioner
Vs.
Moshina ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to call for the
records relating to the order dated 15.09.2021 made in Crl.A.No.
144 of 2019 on the file of the IV-Additional Sessions Court, Madurai,
confirming the order dated 07.08.2019 made in M.C.No.20 of 2015
on the file of the Additional Mahila Court, Madurai, allowing the
petition filed under Sections 18, 19 & 20(d) of the Domestic
Violence Act by the respondent/wife directing the
petitioner/husband to pay a sum of Rs.8,000/- per month in total
and set aside the same.
For Petitioner : Mr.R.Gandhi
For Respondent : Mr.S.M.A.Jinnah
COMMON ORDER
Crl.R.C(MD)No.872 of 2021 has been directed as against
Crl.A.No.144 of 2019 on the file of the IV-Additional Sessions Court,
Madurai, thereby confirmed the order passed by the trial Court in
M.C.No.20 of 2015 on the file of the Additional Mahila Court,
Madurai, thereby ordered monthly maintenance of Rs.6,000/- and
also a sum of Rs.2,000/- for residence payable by the petitioner in
favour of the respondent herein.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
2.Crl.R.C(MD)No.848 of 2021 has been directed as against
Crl.A.No.12 of 2020 on the file of the IV-Additional Sessions Court,
Madurai, thereby partly allowed the order passed by the trial Court
in M.C.No.20 of 2015 on the file of the Additional Mahila Court,
Madurai, thereby ordered monthly maintenance of Rs.6,000/- and
also a sum of Rs.2,000/- for residence from the date of the claim
petition payable by the petitioner in favour of the respondent
herein.
3.Since the issues involved in the petitions are one and the
same, both the Criminal Original Petitions were taken up together
and disposed of by this common order.
4.The respondent/wife filed a petition under the Domestic
Violence Act in M.C.No.20 of 2015 alleging that on 16.09.2013, she
got married with the petitioner and thereafter, the petitioner
harassed her and as such, she was driven out from the matrimonial
home to her parents house.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
5.On the side of the respondent/wife, P.W.1 to P.W.3 were
examined and marked Exs.P.1 to P.15 and on the side of the
petitioner, he himself was examined as D.W.1 and marked
Exs.D.1 to D.35.
6.Heard the learned counsel appearing for the petitioner and
the learned counsel appearing for the respondent.
7.On a perusal of the oral and documentary evidence, the trial
Court partly allowed the petition in M.C.No.20 of 2015 and directed
the petitioner to pay a sum of Rs.6,000/- as monthly maintenance
and a sum of Rs.2,000/- for residence from the date of order.
Aggrieved by the same, the petitioner preferred an appeal in
Crl.A.No.144 of 2019 on the file of the IV-Additional Sessions Court,
Madurai. Simultaneously, the respondent also filed Crl.A.No.12 of
2020 before the same Court seeking modification of the order
passed by the trial Court. The Appellate Court dismissed the appeal
filed by the petitioner/husband in Crl.A.No.144 of 2019 and
modified the order passed by the Court below on the appeal filed by
the respondent/wife in Crl.A.No.12 of 2020 in respect of the
payment of the maintenance amount from the date of order and
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
directed that the petitioner is liable to pay a sum of Rs.6,000/- as
monthly maintenance and also a sum of Rs.2,000/- for residence
from the date of petition. Aggrieved by both the appeals, the
petitioner preferred these revisions.
8.The learned counsel appearing for the petitioner would
submit that though the trial Court rejected the allegations of
Domestic Violence Act, without application of mind, ordered for
maintenance payable by the petitioner. The petitioner is not liable to
pay any maintenance since their relationship ended as early as on
30.04.2014 itself. The respondent suppressed the earlier marriages
and when the previous marriages were subsisting and not dissolved
legally, the respondent is not entitled for any maintenance.
9.On a perusal of the records revealed that though the
petitioner alleged that the respondent got married with another
person, the petitioner did not produce any piece of evidence to
show that she got married with another person. In fact, even
assuming that the respondent's earlier marriage is in existence, the
petitioner can very well file a petition to nullify the marriage
between the petitioner and the respondent. Therefore, the trial
Court awarded a sum of Rs.6,000/- as monthly maintenance
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
payable by the petitioner and also a sum of Rs.2,000/- for residence
and the same was confirmed by the Appellate Court.
10.That apart, the trial Court failed to award maintenance
from the date of petition and as such, the first Appellate Court
rightly modified the Judgment that the respondent is entitled for
maintenance from the date of petition. Therefore, this Court finds
no infirmity or illegality in the orders passed by both the Courts
below. Accordingly, these Criminal Revision Cases are dismissed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
03.03.2022
Index : Yes/No
Internet : Yes/No
ps
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
To
1.The IV-Additional Sessions Court,
Madurai.
2.The Additional Mahila Court,
Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)Nos.848 & 872 of 2021
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.R.C(MD)Nos.848 & 872 of 2021
03.03.2022
https://www.mhc.tn.gov.in/judis
