R MOHAMED FAIZAL Vs. AYESHA

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioners against the judgment of the learned Principal Sessions Judge, Chengalpattu passed in C.A.No.21 of 2016, allowing the appeal and reversing the order dated 22.6.2016 passed in D.V.C.No.20 of 2016 on the file of the learned Judicial Magistrate, Alandur.

(2.) The respondent has filed an application before the learned Judicial Magistrate, Alandur under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Domestic Violence Act") restraining the petitioners from harassing the respondent both physically and mentally and also directing the petitioners to pay a sum of Rs. 2,50,000/- towards maintenance, Rs. 50,000/- towards litigation expenses and Rs. 5,00,000/- towards mental torture and emotional distress caused by the petitioners.

(3.) In the petition filed under Section 12 of the Domestic Violence Act, the respondent alleged that the marriage between her and the first respondent was solemnized on 28.4.2014 as per Muslim rites and at the time of marriage, the respondent was given 60 sovereign of gold. After the marriage, they lived at Neelangarai, Chennai and at that time the first petitioner never attempted to consummate the marriage and he was impotent. It was alleged that the first respondent was acting lunatic and was threatening the respondent that he will kill by burning her. It was also alleged that the first respondent taken the respondent to Qatar country, where the first respondent and the third respondent have not provided food to her and also harassed her. Unable to tolerate the harassment given by the first petitioner and other petitioners, now the respondent was living with her parental home The respondent had also filed O.S.No.71 of 2015 before the Family Court, Chennai for divorce. Since the respondent was financially suffering, she filed the petition.