R NIVENDRAN Vs. NIVASHINI MOHAN

JUDGEMENT

(1.) There are two revision petitions. One Revision has been filed by the Husband in Crl.R.C.No.1628 of 2016 wherein he has challenged the modified order of the learned VII Additional Sessions Judge, Chennai in C.A.No.271 of 2016 whereby a sum of Rs.5000.00 was ordered to be paid to the minor child even though both the Lower courts have found that there is no domestic violence citing sections in the Hindu Adoption and Maintenance act which has no applicability to the Domestic Violence Case. The other Revision has been filed by the Wife in Crl.R.C.No.68 of 2017 challenging the order of the learned VII Additional Sessions Judge, Chennai in C.A.No.271 of 2016 and to grant her reliefs under the provisions of the Domestic Violence Act.

(2.) The wife has filed an Application in the Magistrate Court under Sec. 12 against her husband and against his parents who are arrived as Respondents 2 and 3, his sister who is Respondent 4, his mothers sister and her husband who have been arrived as Respondent 5 and 6 for relief for protection orders under Sec. 18 (c), (d), (e) & (f) and for residence order under Sec. 19 (1) (a), (b), (d), (e)., 2, 3, 5, 7 and for compensation under Sec. 20 (1) (a), (b), (c), (d), 2, 3, 4, 5, 6 and under Sec. 22 of the Protection of Women from Domestic Violence Act 2005 (43 of 2005).

(3.) The Domestic violence case in M.C.No.69 of 2011 came up before learned XVII Metropolitan Magistrate, Saidapet dismissed the application on 12.09.2014 citing no instances of domestic violence by the Husband or his relatives and ordered no reliefs as prayed. Aggrieved by the same the wife had preferred an appeal before the learned VII Additional Sessions Judge, Chennai in C.A.No.271 of 2016 whereby the sessions court confirmed and upheld that there is no instance of domestic violence but in the interest of justice for the minor son had ordered the Husband to pay a sum of Rs.5000.00 as maintenance from the date of the petition. Both husband and wife were aggrieved by the order and have preferred these Revisions and the same have come before me.