A.RAJA Vs. VASUKI

JUDGEMENT

(1.) THE respondent herein had filed an application in M.C.No.24 of 2011 under Section 125 Cr.P.C. against the petitioner herein before the learned Chief Judicial Magistrate, Tuticorin. During the pendency of the proceedings, a compromise memo was filed by both the parties before the learned Magistrate. On the basis of the compromise memo, learned Magistrate passed an order directing the petitioner herein to pay monthly maintenance amount of Rs.3,000.00 per month to the respondent herein. After this order being passed on 04.06.2012, the petitioner herein had preferred a revision before the learned Principal Sessions Judge, Tuticorin, stating that when the case was posted for cross examination of the petitioner herein, learned Chief Judicial Magistrate, Tuticorin, compelled him to consent for a settlement and to pay a monthly maintenance and he has also threatened that, otherwise he would loose his job. Due to that compulsion, the petitioner herein has consented and in the compromise memo, the petitioner's signature was obtained with threat and coercion, and thereafter, the compromise was recorded.

(2.) LEARNED Principal Sessions Judge, Tuticorin, has passed an order, dated 17.10.2012, in Crl.R.C.No.18 of 2012, setting aside the order passed by the learned Magistrate and remanding the matter back to the trial Court for disposal on the ground that since the petitioner herein had not accepted the compromise memo, an opportunity should be given to the petitioner herein. While passing the said order, learned Sessions Judge also directed the petitioner herein to pay an interim monthly maintenance of Rs.1,500.00 to the respondent herein from the date of petition till the date of final disposal of the main petition. The petitioner herein now challenging the order of the learned Principal Sessions Judge to the extent of passing the interim maintenance order, filed this application under Section 482 Cr.P.C.

(3.) THIS Court considered the submissions and perused the order passed by the learned Chief Judicial Magistrate, Tuticorin and also learned Principal Sessions Judge, Tuticorin.