RAGHU Vs. R.LEELA

JUDGEMENT

(1.) The petitioners who are the respondents in M.C.No.2 of 2014 are facing trial under the Protection of Women from the Domestic Violence Act filed by the respondents seeking protection order under Ss. 17, 18, 19, 20, 21, 22 and 23 of the Act, filed the present Criminal Revision Petition.

(2.) The gist of the complaint is that the marriage between the first petitioner and the first respondent took place on 9/3/2008 as per the Hindu customs. During their marriage, the first petitioner was presented with 11.25 sovereigns of gold jewels, Rs.10,000.00 for the dresses and Rs.3,00,000.00 worth of household articles. Further, the first respondent was presented with 40 sovereigns of gold jewels. After some time, the first petitioner insisted for a two wheeler, a sum of Rs.60,000.00 was given in cash. After the marriage, both the first petitioner and the first respondent were residing at No. 56, Malai Nagar, Acharapakkam along with other petitioners. At the instigation of petitioners 2 to 6, the first petitioner demanded a car, hence, a Tata Indica car was presented. Out of their wedlock, the respondents 2 and 3 were born to them. The first petitioner further demanded properties, particularly, the property which was settled by the first respondent's mother. During the marriage life, the first respondent was always forced to get articles from her parents, she also obliged the same, despite that she was treated like a slave. On 10/11/2012, the first respondent lodged a complaint before the All Women Police Station, Melmaruvathur. During enquiry, the first petitioner appeared, gave an undertaking that hereafter he would take care of his wife properly and hence, the complaint was withdrawn. Later, the first petitioner gave a false complaint as though the respondents herein were found missing, when action was proposed to be taken for the false complaint, the first respondent intervened and action was dropped. On 19/4/2013, the petitioners herein joined together, undressed the first respondent and attempted to douse her with kerosene and set fire. The first respondent relieved herself, went to her parents place and thereafter, again lodged a complaint on 27/4/2013. Suppressing all these facts, the first petitioner filed a petition for divorce before the Sub Court, Madurantakam and managed to get an exparte order in his favour despite the first respondent was living together with the first petitioner. Further, the first petitioner denied food, shelter, clothing and basic amenities to the respondents. Hence, the respondents filed a petition in M.C.No.2 of 2014 before the learned Judicial Magistrate, Maduranthakam seeking protection from the petitioners not to disturb the respondents from residing at No.26, Malai Nagar, Acharapakkam, further sought for Rs.25,000.00 as maintenance, return of 51.25 sovereigns of gold jewels presented to the first respondent, diamond stud, Rs.60,000.00 cash given for purchase of two wheeler, Rs.3,00,000.00 worth of household articles, birth certificate, educational certificate of the respondents and sought Rs.25,00,000.00 as compensation for the mental agony suffered by the respondents.

(3.) Before the Trail Court, the first respondent examined herself as P.W.1, marked Ex.P.1 to Ex.P18, the first petitioner examined as R.W.1 and marked Ex.Rl to Ex.R17. On conclusion of trial, the Trial Court passed a protection order directing the respondents to reside at No.26, Malai Nagar, Acharapakkam and directed the petitioners not to disturb them. The Trial Court further directed the first petitioner to pay monthly maintenance of Rs.25,000.00 per month, return the gold jewels of 51.25 sovereigns, Rs.60,000.00 cash received for purchase of two wheeler, hand over all the documents of the respondents, family ration card and further, directed the petitioners to pay a sum of Rs.5,00,000.00 as compensation for the mental agony suffered by the respondents. Aggrieved against the same, the petitioners preferred an appeal in C.A.No.45 of 2015 before the learned Principal Sessions Judge, Kancheepuram District, Chengalpattu. The Lower Appellate Court by judgment dtd. 3/8/2017 partly allowed the appeal by setting aside the order of the Trial Court in respect of return of sum of Rs.60,000.00 received for purchase of two wheeler and in respect of compensation amount of Rs.5,00,000.00 to be paid for the mental agony of the respondents. Further, in respect of monthly maintenance, the Lower Appellate Court directed the first petitioner to pay a sum of Rs.12,000.00 per month [Rs.4,000.00 for each of the respondents] instead of Rs.25,000.00 as directed by the Trial Court and in respect of other reliefs, the order of the Trial Court was confirmed. Against which, the present revision is filed.