PRABHA Vs. P. SELVAKUMAR

JUDGEMENT

(1.) Challenging the order dated 25.10.2019 passed by the Judicial Magistrate No.2, Vridhachalam in Crl.M.P.No.646 of 2019 in M.C.No.1 of 2012, the petitioner / wife has filed this Criminal Revision Case.

(2.) The facts of the case are that the petitioner and the respondent got married on 13.12.2007. After some time, she started suffering domestic violence in the hands of the respondent. Subsequently, she left the matrimonial home and filed a maintenance petition in MC.No.1 of 2012 before the Judicial Magistrate No.2, Vridhachalam. By order dated 26.10.2015, the said petition was partly allowed, directing the respondent to pay a compensation of Rs.5,00,000/- to the petitioner, within a period of three months. Aggrieved over the same, the petitioner filed C.A.No.85 of 2015 seeking enhancement of compensation, whereas the respondent filed C.A.No.91 of 2015 to set aside the same. Both the appeals were disposed of by the learned III Additional District and Sessions Judge, Cuddalore at Vridhachalam, vide common judgment dated 02.06.2016, as per which, the appeal filed by the respondent was dismissed, whereas the appeal filed by the petitioner was partly allowed enhancing the compensation to Rs.15,00,000/-. The said common judgment was challenged by the parties by filing Crl.RC.Nos.767, 838 and 1139 of 2016, which were dismissed by order of this Court dated 12.11.2018. Feeling aggrieved, the respondent filed SLP (C) Diary No.21549 of 2019, which came to be dismissed on 18.10.2019. In such circumstances, the petitioner filed a petition in CMP.No.646 of 2019 in MC.No.1 of 2012 under Sections 20 and 22 of the Domestic Violence Act r/w Section 128 Cr.P.C. seeking enforcement of the compensation of Rs.15,00,000/- awarded by the Lower Appellate Court. By order dated 25.10.2019, the said petition was disposed of, directing the respondent to immediately pay the compensation of Rs.15,00,000/- without any fail and also giving liberty to the petitioner to file afresh application, along with required particulars. Being dissatisfied with the order so passed by the trial Court, the petitioner has come up with the present Criminal Revision.

(3.) The learned counsel for the petitioner submitted that though the judgment of the Lower Appellate Court, awarding compensation of Rs.15,00,000/- to the petitioner has attained finality as the same was confirmed by this Court as well as by the Supreme Court, the respondent has not come forward to effect any payment to the petitioner, till date; however, the trial Court, without fixing any time limit, has simply directed the respondent to pay compensation to the petitioner immediately; and hence, the said order is liable to be dismissed and enforcement order be issued against the respondent.