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Madras High CourtCRL RC/541/2015dismissed

N.Rajasekar v. R.Kanchana

2021-06-17Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.541 of 2015 and M.P.No.1 of 2015 N.Rajasekar ... Petitioner Vs.

R.Kanchana ... Respondent PRAYER: This Criminal Revision Case has been filed under Section 397 read with Section 401 of Cr.P.C, and Protection of Women from Domestic Violence Act, 2005, praying to set aside the order passed in C.A.No.85 of 2013 dated 07.02.2015, on the file of the learned Principal District and Sessions Judge, Vellore, Vellore District and confirming the order passed in MC.No.7 of 2010, dated 06.09.2013, on the file of the Judicial Magistrate No.III, Vellore and to allow this Criminal Revision Case. For Appellant : No appearance For Respondent : (*)Mr.A.Rajendra Kumar

JUDGMENT

(This case has been heard through video conference) This Criminal Revision Case has been filed by the revision petitioner to challenge the order passed in C.A.No.85 of 2013, dated 07.02.2015, on the file of the learned Principal District and Sessions Judge, Vellore, Vellore District. 2.Heard Mr.(*)Mr.A.Rajendra Kumar though video conference and perused the materials placed on record. The learned counsel for the petitioner is absent for the last three hearings. 3.It is seen from the records that the parties are husband and wife. The respondent herein/wife has filed a petition in MC.No.7 of 2010 before the Judicial Magistrate Court No.III, Vellore, under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005, for protection; not to cause harassment; not to ask for divorce against her otherwise in accordance with law; also payment of interim maintenance and return of articles. The same was allowed by the

learned Judicial Magistrate by an order dated 06.09.2013. Aggrieved against the same, the husband appears to have filed an appeal in C.A.No.85 of 2013 before the learned Principal District and Sessions Judge, Vellore, Vellore District, wherein, the learned Judge has confirmed the order of the learned Judicial Magistrate and hence, the Criminal Revision Case. 4.After perusing the records and also taking note of the fact that as admitted, issuance of legal notice forcing the wife to give divorce other than in accordance with law and all other factors have been duly taken into consideration by the learned Judicial Magistrate as well as by the Sessions Court. In the absence of any perversity, I find that the scope of the revision petitioner is limited besides on factual position, the husband is trying to get divorce from illegal means and hence, I do not find any merit in this criminal revision.

5.Accordingly, this Criminal Revision Case stands dismissed and the order passed by the learned Judicial Magistrate No.III, Vellore, in M.C.No.07 of 2010, dated 06.09.2013, as confirmed by the learned Principal District and Sessions Judge, Vellore, Vellore District, in C.A.No.85 of 2013, dated 07.02.2015 is hereby confirmed.

Sd/- Assistant Registrar(CS VIII) Dated:08/07/2021 (*)Correction carried out as per order dated 29/07/2021 Sd/- Assistant Registrar (CS-VIII) Dated:05/08/2021 //True Copy// Sub Assistant Registrar dua To 1.

The Principal District and To be substituted the Sessions Judge, order already Vellore, Vellore District. Despatched on 22/07/2021 2.

The Judicial Magistrate No.III, Vellore.

3. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.541 of 2015 and M.P.No.1 of 2015 RSV(CO) PM(20/07/2021) srg 05/08/2021