Madras High Court
Jeyalatha vs Sermakani on 24 July, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
CRP(MD). No.1901 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 24/07/2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRP (MD). No.1901 of 2025
Jeyalatha ... Petitioner
Vs
Sermakani ... Respondent
PRAYER :-Civil Revision Petition filed under Article 227 of The
Constitution of India to allow this Revision Petition, set aside the order
passed in Crl.A.No.116/2023 dated 07.02.2025 on the file of Additional
District and Sessions Judge (FTC) Tenkasi, in DVC No.5/2017 dated
21.06.2023 by the Judicial Magistrate Court, Tenkasi
For Petitioner : Mr.W.Cleetus
ORDER
The Civil Revision Petition has been filed against the judgment in
Crl.A.No.116/2023 dated 07.02.2025 on the file of the Additional
District and Sessions Judge (FTC) Tenkasi, in DVC No.5/2017 dated
21.06.2023 by the Judicial Magistrate Court, Tenkasi.
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2. The petitioner is the wife and the respondent is the husband.
Their marriage was solemnized on 27.05.2001 and they were blessed
with a girl baby. While so, since the matrimonial life ran into rough
weather, the petitioner initiated domestic violence proceedings in DVC
No.5/2017. In the said proceedings, compensation of Rs.25 lakhs was
awarded. Against the said compensation, the respondent preferred an
appeal. In the said appeal, the compensation was reduced from Rs.25
lakhs to Rs.3 lakhs and the said amount is ordered in favour of the
daughter, which is to be deposited in any nationalized bank. Challenging
the said judgment, the petitioner/wife is before this Court with this
petition.
3. The learned counsel for the petitioner would submit that the
amount of compensation was awarded only to the daughter and no
amount of compensation is awarded to the petitioner/wife. He would
further submit that the respondent has filed a petition for divorce and
subsequently, it was dismissed, against which, the respondent has filed
an appeal and in the appeal, divorce was granted and the petitioner has
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also filed a maintenance case in MC No.1/2017 claiming maintenance,
which was allowed by directing the respondent to pay a sum of
Rs.15,000/- each to the petitioner and the daughter till 31.12.2021 and
thereafter Rs.20,000/- from 01.01.2022 against which, a revision came to
be filed, in which, the said order was set aside vide order dated
07.02.2025 by the trial Court. The petitioner has also filed a petition in
OP No.225/2023 for restitution of conjugal rights and the same is
pending. Now, the petitioner is aggrieved by the reduction of
compensation from Rs.25 lakhs to Rs.3 lakhs in the appeal filed by the
respondent.
4. I have perused the materials available on record.
5. The facts, that the marriage between the petitioner and the
respondent and the compensation awarded, divorce granted and in appeal
compensation was reduced, were not in dispute. The petitioner has also
initiated proceedings against the respondent not only claiming
maintenance but also under the provisions of domestic violence besides a
petition for restitution of conjugal rights. However, the petition for
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restitution of conjugal rights is alone pending. In the domestic violence
proceedings, the trial Court has granted a compensation of Rs.25 lakhs
and in appeal, the same was reduced from Rs.25 lakhs to Rs.3 lakhs, that
too, for the daughter. The petitioner is aggrieved by the said reduction.
For compensation to be enhanced, the petitioner has to prove the
financial status of the respondent/husband and to establish the
financial/economic status of the respondent, the petitioner has not
produced any documents. In the absence of any proof to substantiate that
the respondent is earning more than Rs.90,000/- per month, the
compensation modified by the lower appellate Court from Rs.25 lakhs to
Rs.3 lakhs cannot be found fault with. Accordingly, the Civil Revision
Petition is dismissed. However, the petitioner is at liberty to proceed in
the manner known to law with regard to compensation in the pending
revision. No costs.
24.07.2025
NCC : Yes/No
Index : Yes/No
RR
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TO
1.The Additional District and Sessions Judge (FTC) Tenkasi
2.The Judicial Magistrate Court, Tenkasi
3.VR Section
Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J
RR
ORDER
IN
Date : 24/07/2025
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