Balasubramaniyan vs G.Radhika ... 1St
2024 Latest Caselaw 15455 Mad

Madras High Court

Balasubramaniyan vs G.Radhika ... 1St on 8 August, 2024

                                                                             C.R.P.(PD).No.3152 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 08.08.2024

                                                       CORAM

                           THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

                                           C.R.P.(PD).No.3152 of 2024
                                      and C.M.P.Nos.16856 & 16857 of 2024

                Balasubramaniyan                                     ... Petitioner/1st Respondent

                                                       -Versus-

                1.G.Radhika                                         ... 1st Respondent/Petitioner
                2.Poongothai
                3.Prakash
                4.Priya                                ... Respondents 2 to 4 /Respondents 2 to 4

                PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
                India, to quash the complaint against the petitioner pending before the District
                Munsif cum Judicial Magistrate Court, Pochampalli in D.V.C.No.1 of 2024.
                                  For the Petitioner    : Mr.S.N.Arunkumar


                                                       ORDER

This Civil Revision Petition has been filed challenging the D.V.C.No.1

of 2024 pending on the file of the District Munsif cum Judicial Magistrate at

Pochampalli.

https://www.mhc.tn.gov.in/judis 1 of 4

2. The Civil Revision Petitioner is the husband. There is no dispute that

the petitioner and the 1st respondent entered into matrimony on 23.03.2011.

Thereafter because of disputes and differences, the parties have separated and

they have approached several forums, including police, stating that the husband

has retained 50 sovereigns of gold jewels belonging to the wife and claiming

monetary compensation of Rs.20,000/- per month and compensation of Rs.5

Lakhs under Sections 19,20 and 22 of the Protection of Women from Domestic

Violence Act, 2005 (hereinafter referred to as 'the Act').

3.The wife has moved the the complaint in D.V.C.No.1 of 2024 before

the District Munsif cum Judicial Magistrate Court, Pochampalli. The husband

has moved this revision stating that the allegations are general in nature and

they do not make out a case under the Act.

4. My reading of the complaint shows that through paragraph Nos. 7 and

8 specific allegations are made against the husband.

5. The Supreme Court of India in Inderjit Singh Grewal Vs. State of

Punjab and Ors., (2012 Crl L. J 309) speaking through Justice P.Sathasivam

(as he then was) has held that if the reading of the complaint makes out a prima

facie case against the Civil Revision Petitioner, then the Court should not

normally interfere with the same. Following the Judgment, I am of the view

that the Civil Revision Petition does not deserve admission. https://www.mhc.tn.gov.in/judis 2 of 4

6. At this stage, Mr.S.N.Arunkumar states that the dispute itself is very

limited in nature. He would point out that the relationship between the

petitioner and the 1st respondent was a romantic relationship before the

marriage. He would state that there is every possibility of settlement of the

matter, in case, it is referred to mediation.

7. In the light of the above submission of the learned counsel for the

petitioner, the learned District Munsif cum Judicial Magistrate, Pochampalli is

requested to find out whether the matter is capable of being referred to

mediation centre, for settlement. If he comes to a conclusion, he shall refer the

matter to the District Mediation Centre at Krishnagiri.

8. With the above direction, this Civil Revision Petition stands

dismissed. No costs. Consequently, the connected miscellaneous petitions are

closed.

                                                                                         08.08.2024
                Jer
                Index          : Yes / No
                Internet       : Yes / No
                Neutral Citation       : Yes / No
                Speaking / Non Speaking Order



                To

The District Munsif cum Judicial Magistrate District Munsif cum Judicial Magistrate Court, Pochampalli.

https://www.mhc.tn.gov.in/judis 3 of 4

V.LAKSHMINARAYANAN, J., Jer

08.08.2024

https://www.mhc.tn.gov.in/judis 4 of 4