A.N. SHANMUGAM Vs. G. SARAVANAN

JUDGEMENT

(1.) The defendants in O.S.No. 14803/2010 on the file of the Additional District and Sessions Judge, Fast Track Court No. IV, Chennai (now re-designated as Court of the 18th Additional Judge, City Civil Court, Chennai) have filed the present civil revision petition invoking the power of superintendence of this court over the subordinate courts under Article 227 of the Constitution of India and challenging the order dated 12.11.2011 made in I.A.No. 193/2011 filed by the petitioners herein for the rejection of the plaint in the above said suit under Order VII, Rule 11 CPC.

(2.) The respondent is the brother of the second petitioner's husband. The first petitioner is none other than the father of the second petitioner. Due to difference of opinion between the second petitioner and her husband and aggrieved over the alleged second marriage contracted by her husband Manoharan with another woman, the second petitioner made an attempt to commit suicide by dousing her with kerosene and setting her on fire. Fortunately or unfortunately she survived. Thereafter she gave a statement to the police narrating the circumstances leading to the above said occurrence, accusing her husband to have driven her to make an attempt to commit suicide. However, in her statement, she also made a reference to the alleged unparliamentary words used by the respondent herein, when the first petitioner went to meet the husband of the second petitioner to request him and his family members to pay a visit to his house, wherein the second petitioner and the child, after their discharge from the hospital were, the respondent, who is none other than the brother of the husband of the second petitioner, scolded the first petitioner using unparliamentary words. However in the statement, she had prayed that action should be taken against her husband and his parents for conducting the second marriage of her husband as bigamous marriage.

(3.) Based on the statement, the police registered a case in Crime No. 4/2009 on the file of W1 All Woman Police Station, Thousand Lights, Chennai - 6 for alleged offences punishable under Sections 498-A, 406, 494 and 506(ii) IPC and also for offences punishable under Sections 4 and 6 of the Dowry Prohibition Act.