S.Arjunan v. A.Kaleeswari Alias Geetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.No.3039 of 2025 & CMP.No.17057 of 2025 S.Arjunan ... Petitioner

Versus

A.Kalleswari @ Geetha .. Respondent Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Order passed in Crl.A.No.163 of 2021 on the file of the I Additional District and Sessions Judge, Coimbatore, dated 02.07.2024.

For Petitioner : Mr.A.M.Natraj

ORDER

Challenge has been made to the Order passed by the appellate authority confirming the Order of maintenance and compensation awarded to the respondent, in the present Civil Revision Petition.

2. The respondent had filed a complaint under section 12 of the Domestic Violence Act for various reliefs under sections 18[a], 19[2], 20[1] [d] and Section 22 of the Domestic Violence Act. The trial Court has Ordered a sum of Rs.10,000/- towards monthly maintenance and a sum of Rs.2 lakhs towards compensation for the alleged domestic violence. On an Appeal, the same has been confirmed by the appellate Court. Challenging the same, the present revision has been filed.

3. The learned counsel appearing for the petitioner would contend that ever since the date of marriage, the respondent is not living with the petitioner and the revision petitioner is not in a position to pay the said amount. Hence, submitted that the Order of the trial Court has to be set aside.

4. I have perused entire materials available on record. The trial Court had awarded a sum of Rs.10,000/- maintenance and Rs.2 lakhs compensation based on the evidence adduced by the parties. When the factual aspects have been considered and maintenance and compensation has been awarded, this Court is of the view that the revision Court cannot re-appreciate entire evidence. It is the duty to the husband to maintain his

wife. Therefore, when the trial Court had awarded maintenance based on the appreciation of evidence, such evidence cannot be re-appreciated. Hence, I do not find any merits in this revision.

5. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 23.07.2025 Index : Yes/No Internet : Yes/No vrc To,

1. The I Additional District and Sessions Judge, Coimbatore.

2. The Magistrate, Special Court for Domestic Violence Act, Coimbatore.

N.SATHISH KUMAR, J.

vrc C.R.P.No.3039 of 2025 23.07.2025