K. SATISH Vs. S. PRIYA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed to set aside the judgment dated 21.02.2018 made in Crl.A.No.23 of 2017 on the file of the Principal Sessions Court, Kancheepuram District, at Chengalpattu, confirming the order dated 13.02.2017 in D.V.No.7 of 2015 on the file of the Judicial Magistrate Court, Tambaram.

(2.) For the sake of convenience, the first petitioner and the respondent will be referred to by their name.

(3.) K.Satish @ Sriram Sarma (hereinafter referred to as "Sriram") got married to S.Priya @ Lakshmi Priya (hereinafter referred to as "Priya“) on 08.11.2009 at Chennai and set up their matrimonial home in the house of Sriram. Through their wedlock, they begot a girl child, by name Kaviya on 03.06.2011. During October 2011, some irreconcilable differences arose between Sriram and Priya, resulting in the spouses getting estranged. Priya started living with her daughter Kaviya in her natal house. Sriram filed H.M.O.P.No.139 of 2014 before the Sub-Court, Tambaram, seeking divorce on the ground of cruelty and Priya filed H.M.O.P.No.141 of 2014 before the same Court seeking restitution of conjugal rights. Since Priya was not able to maintain herself, she filed D.V.No.7 of 2015 before the Judicial Magistrate Court, Tambaram, under the Protection of Women from Domestic Violence Act, 2005, against Sriram, claiming various reliefs including Residential order and maintenance. Priya also filed C.M.P.No.1224 of 2015 in D.V.No.7 of 2015 seeking interim maintenance, in which, the trial Court, by order dated 04.08.2015, directed Sriram to pay maintenance of Rs.2,000/- p.m. to Priya and Rs.2,000/- p.m. to her daughter (totally Rs.4,000/- p.m.). Challenging the said order, Sriram filed Crl.A.No.33 of 2015 before the Sessions Court, which was dismissed on 01.11.2016. Though Sriram entered appearance in D.V.No.7 of 2015, he did not properly contest the case and allowed it to go ex-parte. The Judicial Magistrate, Tambaram, passed final orders in D.V.No.7 of 2015 on 13.02.2017 and granted the following reliefs: (a) Right of Residence in the house of Sriram; (b) Rs.4,000/- p.m. each to Priya and her daughter (totally Rs.8,000/- p.m.) as monthly maintenance. Challenging the order dated 13.02.2017 passed in D.V.No.7 of 2015, Sriram filed Crl.A.No.23 of 2017 before the Sessions Court, Chengalpet. Sriram also filed C.M.P.No.3615 of 2017 in Crl.A.No.23 of 2017 for adducing additional evidence. The learned Principal Sessions Judge, Kancheepuram, has dismissed Crl.A.No.23 of 2017 and C.M.P.No.3615 of 2017 on 21.02.2018, aggrieved by which, Sriram is before this Court.