Madras High CourtCRL RC/1280/2022dismissed

Mohana v. G.Balasubramaniam

2022-10-20Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.1280 of 2022 and Crl.M.P.No.13753 of 2022 Mohana

...Petitioner

-Vs1. G.Balasubramaniam G.Dhanalakshmi (Died)

2. G.Saravanakumar

3. S.Murugeswari

4. S.Santhakumar

5. V.Padmavathy

...Respondents

Prayer: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C. to call for the entire records relating to the order made in M.C.No.51 of 2012, dated 13.07.2022 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai - 15 and set aside the same. For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.Rajasekar ***** 1/4

ORDER

This criminal revision is filed against the order passed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai, in M.C.No.51 of 2012, dated 13.07.2022.

The petitioner is the wife, 1st respondent is husband and respondents 2 to 6 are in-laws. The petitioner filed a petition under Section 12 of the Protection of Women from Domestic Violence Act (in short "the Act"), 2005, for the reliefs of Protection order under Section 18, for alternate accommodation in the rental premises under Section 19(f), direction for return of articles under Section 19(8), monetary reliefs under Section 20 for her loss of job, medical expenses, education expenses and monthly maintenance for her child for a sum of Rs.30,000/- and compensation under Section 22 of the Act, which was taken on file in M.C.No.51 of 2012. 2/4

The learned Magistrate, after trial and hearing both the parties, dismissed the petition by an order dated 13.07.2022. Aggrieved against the same, the wife has filed the present revision before this Court. It is seen that as against the order impugned in this revision, appeal only would lie before the Court of Session and not the revision. Hence the present revision case is dismissed. Consequently connected miscellaneous petition is closed. However, the petitioner/wife is at liberty to workout her remedy before the appropriate forum. Registry is directed to return the original order filed in this revision to the revision petitioner. 20.10.2022 Index : Yes/No Speaking Order/Non Speaking Order cgi To The XVII Metropolitan Magistrate, Saidapet, Chennai - 15.

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P.VELMURUGAN, J., cgi Crl.R.C.No.1280 of 2022 and Crl.M.P.No.13753 of 2022 20.10.2022 4/4