Pitchamikuthu vs Praveena
2023 Latest Caselaw 3836 Mad

                                                                              C.R.P(MD).No.921 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 05.04.2023

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                             C.R.P(MD).No.921 of 2023
                                                      and
                                             CMP(MD)No.4253 of 2023

                  1.Pitchamikuthu
                  2.Muthiah
                  3.Easwari                              ... Petitioners/Appellants/Respondents

                                                          Vs.

                  1.Praveena
                  2.Minor Kowsika                       ... Respondents/Respondents/Petitioners

                        (Minor represented by her mother and natural guardian 1st respondent
                  herein)

                  PRAYER:- This Civil Revision Petition has been filed under Article 227 of
                  the Constitution of India, to set aside the order dated 29.09.2020 in Criminal
                  Appeal No.51 of 2019 on the file of the learned Additional District Sessions
                  Court, Theni, at Periyakulam, partially allowed against the order dated
                  12.02.2018 passed in D.V.M.C.No.2 of 2016 on the file of the District
                  Munsif cum Judicial Magistrate Court, Aandipatti, and allow the present
                  Civil Revision Petition.


                                      For petitioners   : Mr.K.Gokul




                  1/4
https://www.mhc.tn.gov.in/judis
                                                                               C.R.P(MD).No.921 of 2023


                                                       ORDER

This petition has been filed to set aside the order passed in Crl.A.No.

51 of 2019 on the file of the learned Additional District Sessions Court,

Theni, at Periyakulam, dated 29.09.2020.

2.The first petitioner is the husband and the others are in-laws of the

first respondent. The records indicates that the first respondent had filed

HMOP.No.211 of 2015 for restitution of conjugal rights. Whereas, the first

petitioner had filed HMOP.No.77 of 2016 for dissolving the marriage. The

petition filed by the respondent/wife was dismissed and the petition filed by

the first petitioner for dissolving the marriage was allowed by the Sub Court,

Theni, by its judgment and decree dated 19.12.2018. Mean while, the first

respondent had filed D.V.M.C.No.2 of 2016 before the Judicial Magistrate

Court, Andipatti, for interim maintenance and compensation etc., under the

Prohibition of Domestic Violence Act. By an order dated 12.01.2018, the said

D.V.M.C.No.2 of 2016 was allowed. This order is prior to the order passed

on 19.12.2018 in HMOP.No.77 of 2016 filed by the first petitioner.

Aggrieved by the order of the Judicial Magistrate Court, Andipatti, dated

12.01.2018, in D.V.M.C.No.2 of 2016, the petitioners has filed A.S.No.51 of

2019 before the Additional District and Sessions Court, Theni at

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.921 of 2023

Periyakulam. By the impugned order dated 29.09.2020, the Additional

District and Sessions Court, Theni at Periyakulam, has modified the order

dated 12.01.2018 passed by the Judicial Magistrate Court, Andipatti, in

DVMC.No.2 of 2016 by directing the first petitioner to pay a sum of

Rs.10,000/- alone for maintenance to the respondents. Aggrieved by the

same, the petitioners have filed present Civil Revision Petition.

3.It is submitted that the Family Court has concluded that the first

respondent had abused the petitioners herein and his relatives and there is no

case made out for interim maintenance. The records indicates that the parties

got married on 14.11.2013 and thereafter, due to matrimonial dispute, the

first petitioner has filed HMOP.No.77 of 2016 for dissolving the marriage

and the first respondent has filed HMOP.No.211 of 2015 for restitution of

conjugal rights. During subsistence of marriage, the parties are entitled for

maintenance. Therefore, the order passed by the Appellate Court, i.e., the

Additional District Sessions Court, Theni at Periyakulam, in Crl.A.No.51 of

2019 dated 29.09.2020, cannot be interfered with under Article 227 of

Constitution of India. That apart, the present Civil Revision has been filed

belatedly after a lapse of 2 ½ years. Therefore, the impugned order dated

29.09.2020, does not call for any interference.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.921 of 2023

C.SARAVANAN,J.

Dss

4.Accordingly, the Civil Revision Petition stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

05.04.2023

NCC : Yes/No Index : Yes/No Internet:Yes/No dss

To

1.The Additional District Sessions Court, Theni, at Periyakulam,

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

C.R.P(MD).No.921 of 2023 and CMP(MD)No.4253 of 2023

https://www.mhc.tn.gov.in/judis