(1.) Both the revision petitions arise out of the order dated 21.08.2012, made in C.A. No. 180 of 2012, on the file of the First Additional District and Sessions Judge, Coimbatore, modifying the order, dated 15.06.2012, passed in C.M.P. No. 2112 of 2012 in D.V.A. No. 34 of 2010, on the file of the Judicial Magistrate No. 1, Coimbatore. As pleadings and submissions are common, both the revision petitions are disposed of, by a common order. For brevity, husband is described as petitioner, wife and son, as respondents. Wife and son/respondents, have filed DVA. No. 34 of 2010, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, "Act"), before the learned Judicial Magistrate No. 1, Coimbatore, against the petitioner and others, for the following reliefs:
(2.) Before the learned Judicial Magistrate No. 1, Coimbatore, Wife has contended that marriage between herself and the petitioner was solemnized on 22.08.1993. Son was born on 13.03.1995. At the time of filing of DVA No. 34 of 2010, Son was in Standard 11th in Vithya Vikash School, Thiruchengode. From 9th Standard, Wife was incurring educational expenses. At the time of marriage, the petitioner, his parents, brother and sister, demanded 60 sovereigns of gold jewels and Rs. 1,00,000/- Cash, as dowry. It was agreed to, by both the parties, to have 30 sovereigns of gold jewels, for the Wife and 2 sovereigns of gold jewels, for the Husband. Both parties have also agreed to share the marriage expenses.
(3.) In D.V.A. No. 34 of 2010, it was further submitted by the wife that when arrangements for the marriage was in progress, an additional demand of 20 sovereigns of gold jewels and Rs. 50,000/- Cash, was made. As invitations were already distributed, additional demand of dowry caused depression to the Wife. Though it was beyond the capacity of her parents, they had no other option, except to accept the same, for payment of Rs. 20,000/- Cash. After marriage, spouses started their matrimonial life, at Edayarpalayam, Coimbatore. Son was born on 13.03.1995. However, Husband refuted consortium, particularly physical relationship. Certain habits of the Husband were inexplicable.
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