MOHAMED NISHA BANU Vs. MOHAMED RAFI

JUDGEMENT

(1.) This Criminal Revision is directed against the order passed in M.C. No. 254 of 2014, dated 11.07.2017 on the file of the Additional Mahila Court, Madurai.

(2.) The facts not in dispute are that the second respondent is the mother and the respondents 3 and 4 are the brothers of the first respondent, that the first respondent had married the petitioner on 02.06.2001, that due to their wedlock they had two daughters viz., Mofina and Asina and a son Mustafa and that subsequently, there arose misunderstanding between them and are living separately. It is also not in dispute that the petitioner has filed a maintenance case in M.C.No.36 of 2011 on the file of the Additional Chief Judicial Magistrate, Madurai and after enquiry, the Magistrate has passed an order directing the first respondent to pay monthly maintenance at Rs.5,000/- per month to the petitioner and her minor children.

(3.) The petitioner's case is that in order to avoid payment of maintenance, the respondents had conspired and taken the petitioner and her children to Chennai so as to resume their cohabitation, that the petitioner had lived with the first respondent for two months and during that period also he had harassed and tortured her physically and mentally, that they had sent the petitioner out of the matrimonial home on 12.03.2014 by forcibly retaining the minor children and that therefore, the petitioner was constrained to initiate the present proceedings invoking the provisions of the Protection of women From Domestic Violence Act, 2005.