Thirumal Gandhi v. Vasanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.06.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.16331 of 2025 & Crl.M.P.No.10198 of 2025 -- 1.Thirumal Gandhi 2.Madhammal 3.Indhumathi .. Petitioners Vs.

Vasanthi .. Respondent Criminal Original Petition filed under Section 528 of BNSS, to call for the records and set aside the order dated 24.09.2024 made in Crl.R.C.No.01 of 2024, on the file of the Principal Sessions Judge, Dharmapuri confirming the order dated 07.11.2023 made in M.C.No.03 of 2011, on the file of the Additional Mahila (Magisterial Level), Dharmapuri.

For petitioners : Mr.C.Munusamy

ORDER

The present Criminal Original Petition has been filed challenging the order dated 24.09.2024 passed by the learned Principal Sessions Judge, Dharmapuri in Crl.R.C. No.01 of 2024, confirming the order dated 07.11.2023 passed in M.C.No.03 of 2011 by the learned Judicial Magistrate (Additional Mahila Court), Dharmapuri, 1 / 4

under the provisions of the Protection of Women from Domestic Violence Act, 2005.

2. The learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Dharmapuri, after hearing both parties, passed an order on 07.11.2023 in M.C.No.03 of 2011, granting maintenance and compensation to the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005. Instead of filing an appeal under Section 29 of the said Act, the petitioners filed a revision before the learned Principal Sessions Judge, Dharmapuri, which was entertained and dismissed on merits, thereby confirming the order of the learned Magistrate.

3. In view of the above, this Court is of the opinion that the present Criminal Original Petition is not maintainable. Therefore, the petitioners are not entitled to the relief sought for, and accordingly, this Criminal Original Petition is dismissed as not maintainable. Consequently, connected miscellaneous petition is closed. 10.06.2025 r n s Note: The Registry is directed to return the original impugned order to the learned counsel for the petitioner forthwtih. Index : Yes/No Speaking Order : Yes/No 2 / 4

To

1. The Principal Sessions Judge.

2.The Additional Mahila (Magisterial Level), Dharmapuri. 3 / 4

P.VELMURUGAN, J r n s Crl.O.P.No.16331 of 2025 & Crl.M.P.No.10198 of 2025 10.06.2025 4 / 4