PERIYADURAI ALIAS TIRUMALAISAMY Vs. JOTHIMANI

JUDGEMENT

(1.) THE petitioner has filed the above petition to set aside the order dated 14.02.2005 passed by Additional District and Sessions Judge -cum- Fast Track Judge No.III, Dharapuram in Crl.R.P.No,45 of 2004 by confirming the order of the learned Judicial Magistrate, Dharapuram in M.C.No,23 of 2002 dated 18.11.2003.

(2.) THE respondent/wife has filed M.C.No,23 of 2002 before the Judicial Magistrate, Dharapuram against the petitioner/husband claiming maintenance against her husband. THE respondent stated in her maintenance petition that she had married the petitioner on 23.06.1999 as per Hindu Customs and Rites. THE said marriage was an arranged one. Immediately, after marriage, the newly married couple led their life in the matrimonial home as joint family. While so, the petitioner demanded dowry and another 25 sovereigns of gold jewellery and Rs.1,00,000/- (Rupees one lakh only) from her parents, on the instigation of mother and brother of the petitioner, for which the petitioner had assaulted and beaten the respondent/wife. THE respondent/wife lodged a criminal complaint with the all Women Wing Police Station for harassment and demand of dowry. THE Inspector of All Women Wing Police Station registered a criminal case in No. 5 of 2000 under Dowry Prohibition Act. After conducting trial, the prosecution miserably failed to prove their case. Hence, the petitioner was acquitted from the criminal proceedings.

(3.) THE respondent/wife has stated in her maintenance petition that she is employed as a coolie, that her husband/petitioner is involved in agricultural operations. THE same has been narrated by the respondent in her Maintenance Petition as well as the counter in the Revision Petition. THE learned Magistrate, Dharapuram, after hearing both sides, dismissed the M.C.No,23 of 2002 on 18.11.2003. Aggrieved by this order, the petitioner has filed the Criminal Revision Petition in Crl.R.P.No,45 of 2004, before the learned Additional District and Sessions Judge -cum- Fast Track Judge No.III, Dharapuram. THE learned Additional District Judge dismissed the Revision Petition on 14.02.2005. Aggrieved against that order, the petitioner herein has filed this Criminal Original Petition to set aside the same.