THIRUPATHI Vs. UMAMAHESHWARI

JUDGEMENT

(1.) The petitioner/husband of the respondent filed a petition before this Court to set aside the judgement passed in Crl.A.No.27 of 2022, on the file of the learned Principal District Judge, Karur, dtd. 6/8/2022, modifying the order dtd. 8/11/2021 made in D.V.C.No.37 of 2022, on the file of the learned Additional Mahila Judge/Judicial Magistrate, Karur.

(2.) The petitioner herein married the respondent on 9/2/2014. After the marriage, they lived in the joint family with the parents of the husband who is working as a Cashier in the Central Co-operative bank. At the time of marriage, 13 sovereigns of jewels and other house hold articles were given as dowry. It is alleged that the petitioner made harassment and also caused domestic violence to the respondent and also suspected the conduct of the respondent and he did not care about the child born on 1/5/2015. Hence the above conduct of the petitioner amounts to domestic violence and hence, the respondent filed a petition claiming various reliefs under the Domestic Violence Act.

(3.) The petitioner denied the allegation and also stated that H.M.O.P.No.137 of 2015, is pending before the Sub-Court, the respondent is having sufficient means to maintain her and she has not filed any proof of assets and liability as per the judgment of the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324. Further, the respondent is not entitled for any relief. The learned trial Judge after considering the evidence and the records produced by both the parties granted relief under Ss. 18, 19, 20 and 22 of the Domestic Violence Act and allowed the entire relief claimed by the respondent. Aggrieved over the same, the petitioner filed an appeal before the Principal District Court, Karur on Crl.A.No.27 of 2022. The learned appellate Judge also confirmed the finding of the learned trial Judge, that the petitioner caused domestic violence to the respondent/wife and he confirmed the relief granted by the learned trial Judge except the return of jewels and household articles and he reduced the compensation granted under Sec. 22 of the Domestic Violence Act, from a sum of Rs.1,00,000.00 to Rs.50,000.00. Challenging the order passed by both the Courts below, the petitioner filed this Criminal Revision Case.