KIRAN KUMAR CHUVA Vs. USHA KIRAN ANNE

JUDGEMENT

(1.) The Contempt Petition has been filed against the respondent for non-compliance of the directions issued by this Court in Paragraph No.16 of the order passed in H.C.P.No.1689 of 2022, dtd. 3/1/2023.

(2.) The respondent seems to have initiated domestic violence proceedings against the petitioner in DVC No.116 of 2022 before the Additional Mahila Court at Magisterial level, Egmore, Chennai. The respondent also initiated proceedings before II Additional Family Court, Chennai, in O.P.No.2788 of 2022, seeking for the relief of restitution of conjugal rights against the petitioner. These proceedings became the subject matter of challenge in C.R.P.Nos.3586 and 4156 of 2022 by the petitioner, who took a stand that both the proceedings are not maintainable and hence he sought for striking off of both the above proceedings. Civil Revision Petitions were filed under Article 227 of the Constitution of India.

(3.) The learned single Judge, who dealt with the above Civil Revision Petitions, came to the conclusion that the proceedings initiated by the respondent were maintainable and, accordingly, refused to strike off the proceedings. The learned single Judge, while deciding the Civil Revision Petitions, collaterally went into the findings of the Division Bench made in H.C.P.No.1689 of 2022 and, virtually, the custody, that was granted by the Division Bench, was set at naught by the learned single Judge. It must be mentioned here that the issue with regard to the custody of the children was not even the subject matter before the learned single Judge and it had absolutely no relevance while deciding the Civil Revision Petitions, which were filed to strike off the proceedings initiated by the respondent under the Domestic Violence Act and for restitution of conjugal rights.