Raja Prabakar vs Supriya
2022 Latest Caselaw 14881 Mad

                                                                                 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.

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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

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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

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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

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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

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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

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