M.A.RAFI Vs. VASEELA BANU

JUDGEMENT

(1.) The marriage between the petitioner and the respondent was solemnised as per the Islamic rites and customs on 18/4/2010 at Palayamkottai. A male child was born through the wedlock. The parties are doctors by profession. The respondent herein filed DVC No.2 of 2018 on the file of the Judicial Magistrate No.I, Tirunelveli under Ss. 12(1) and (2), 18(a) and (b), 19(a), (b) and (c), 20(1)(d) and 22 of the Protection of Women from Domestic Violence Act, 2005. The learned trial Magistrate vide order dtd. 23/2/2021 directed the petitioner herein to pay a sum of Rs.5.00 Lakhs as compensation for having inflicted domestic violence on the complainant and a sum of Rs.25,000.00 per month towards the maintenance of the minor child. Protection order was also granted. Aggrieved by the said order, the revision petitioner filed Criminal Appeal No.47 of 2021 before the I Additional District and Sessions Judge, Tirunelveli. The appeal was dismissed on 2/12/2022. Questioning the same, this civil revision petition came to be filed under Article 227 of the Constitution of India.

(2.) The learned counsel appearing for the revision petitioner reiterated all the contentions set out in the memorandum of grounds. He submitted that the complainant / respondent herein is a Government doctor and that she was never subjected to any kind of domestic violence. He called upon this Court to set aside the impugned order and grant relief as prayed for.

(3.) Per contra, the learned counsel appearing for the complainant submitted that the impugned orders are well reasoned and that they do not call for interference.