NATCHATHIRAM Vs. VANITHA, S MUTHURAMALINGAM, S KRISHNAN

JUDGEMENT

(1.) This Criminal Revision is preferred to call for the records in Criminal Appeal No. 62 of 2010, on the file of the learned Fast Track Court No. II, Madurai, confirming the order passed in CMP. No. 246 of 2009 on the file of the learned Judicial Magistrate No. II, Madurai and set aside the same and pass appropriate orders.

(2.) The Petitioner is the husband of the first Respondent. The second and the third Respondents are the brothers of the Petitioner. The first Respondent filed an application before the learned Judicial Magistrate No. VI, Madurai, under Section 12 of the Protection of Women from Domestic Violence Act,2005. (for short 'the Act'). The Petitioner filed a counter before the Court below stating that the learned Judicial Magistrate No. VI was not having jurisdiction to try the matter and hence, the said Magistrate suo motu transferred the case to the learned Judicial Magistrate No. II, Madurai. After several adjournments, an order was passed on 21.06.2010, directing the Petitioner to pay Rs. 5,000/- per month as interim maintenance to the first Respondent herein. The said order was challenged by the Petitioner before the learned Additional District Judge, Madurai, in Criminal Appeal No. 62 of 2010. But, the said appeal was dismissed on 05.05.2011 confirming the order of the Court below. Hence, this revision.

(3.) The Learned Counsel for the Petitioner would submit that the order of the learned Judicial Magistrate would clearly show that the Petitioner was not heard before passing the afore-said orders, that the first Respondent has wilfully suppressed the grant of interim maintenance by the Family Court, Madurai, in H.M.O.P. No. 615 of 2008 in her favour, that without perusing any documents, the concerned learned Judicial Magistrate has passed the order of interim maintenance and the same has been wrongfully confirmed by the appellate Court.