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Madras High CourtCRP(MD)/296/2025dismissed

R.Rajmohan v. Vinothini

2025-06-27Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/06/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.296 of 2025 and CMP(MD) No.1707 of 2025 R.Rajmohan ... Petitioner Vs Vinothini ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 06.12.2024 passed in C.A.No.152 of 2023 on the file of the learned Principal Sessions Judge, Theni.

For Petitioner : Mr.K.K.Samy

ORDER

The Civil Revision Petition is filed against the order dated 06.12.2024 in CA No.152 of 2023 on the file of the Principal Sessions Judge, Theni.

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2. The learned counsel for the petitioner would submit that the petitioner is the husband and the respondent is the wife. Their marriage was solemnized on 27.08.2017 as per Hindu Rites and Customs. At the time of marriage, the respondent claimed that apart from Sridhana Articles, 75 sovereigns and 5 sovereigns of gold was given. Subsequently since there was a matrimonial discard between them, the respondent wife filed a domestic violence case in DVC No.15/2021 on the file of the Judicial Magistrate, Uthammapalayam. In the meanwhile, the petitioner filed a petition for divorce petition in HMOP No.61/2019 and the respondent filed a petition for restitution of conjugal rights. Those petitions were taken together and the petition for restitution of conjugal rights was dismissed and the petition for divorce was allowed.

3. In the maintenance filed by the respondent wife in MC No. 19/2019, the trial Court has granted maintenance of Rs.20,000/- and in the domestic violence petition, a compensation of Rs.5 lakhs was awarded to the respondent wife, which is to be paid, within a period of two months and apart from that Rs.10,000/- was awarded as litigation expenses. Against both the orders, the petitioner has preferred an appeal 2/6

before the Principal Sessions Judge, Theni in CA No.152/2023 and Crl.R.P.No.11/2023, wherein, the lower appellate Court modified and reduced the maintenance awarded from Rs.20,000/- to Rs.15,000/- and the compensation awarded is reduced from Rs.5 lakhs to Rs.2 lakhs and the petitioner was also directed to pay the arrears of maintenance and compensation within a period of one month from the date of the order. Challenging the same, the petitioner is before this court with this Civil Revision Petition.

4.The learned counsel for the petitioner would submit that already the petitioner paid the entire compensation amount in domestic violence petition till the date of order and apart from that major portion of the amount was already paid by the petitioner before the trial Court. The learned counsel would submit that though the petitioner filed a petition for divorce, the same was allowed with regard to cruelty meted out by the petitioner at the hands of the respondent wife and the petition for restitution of conjugal rights was dismissed and when the respondent is not intended to join with the petitioner herein, filing malicious petitions 3/6

before the Courts claiming interim amount is not sustainable and accordingly, prays for interference.

5. I have heard the learned counsel for the petitioner. Since no adverse orders are going to be passed against the respondent, notice to the respondent is dispensed with.

6. From the facts narrated above and the findings rendered by the trial Court as well as the lower appellate Court in the revision and appeal filed by the petitioner herein and since the respondent is not intended to live with the petitioner herein, this Court is of the considered view that the amount of compensation and maintenance modified/reduced by the lower appellate Court is just and reasonable and hence, it does not require any interference at the hands of this Court. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

27.06.2025 NCC : Yes/No Index : Yes/No RR 4/6

TO 1.The Principal Sessions Judge, Theni.

2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.296 of 2025 Date : 27/06/2025 6/6