Krishnamoorthy v. Pappathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL RC(MD)No.927 of 2017 and CRL MP(MD)No.11330 of 2017 Krishnamoorthy ... Petitioner/Appellant/Respondent Vs.

Pappathi ... Respondent/Respondent/Petitioner Prayer: Criminal Revision Petition is filed under Section 397 r/w.401 of Criminal Procedure Code, to call for the records of the learned Principal District Sessions Judge, Pudukkottai in Crl.A.No.10 of 2017 by judgment dated 04.08.2017, modifying the order dated 10.01.2017 passed by the learned Judicial Magistrate, Pudukkottai in MC.No.9 of 2014 and set aside the judgment of the Court below.

For Petitioner : Mr.D.Ramesh Kumar

ORDER

The revision petitioner herein is the husband. He got married to the respondent on 07.02.2011. The respondent filed MC.No.9 of 2014 before the Judicial Magistrate, Pudukkottai under the Protection of Women from Domestic Violence Act, 2005. The learned Trial Magistrate awarded a sum of Rs.3,000/- towards maintenance, Rs.10,000/- towards medical expenses and a further sum of Rs.50,000/- as compensation. Aggrieved by the same, the revision petitioner herein filed on appeal before the Principal District Judge, Pudukkottai in Criminal Appeal No.10 of 2017. The learned Judge partly allowed the criminal appeal.

2.The amount of maintenance awarded to the wife is reduced from Rs.3,000/- to Rs.2,000/- per month. In other respects, the order of the Trial Court was confirmed. The court below have concurrently found that the acts committed by the revision petitioner amount to domestic violence. Relief was granted to the wife after giving such a finding.

3.The scope of the criminal revision is limited. Only if it is shown that the order or finding of the court below is perverse or irregular, the revision Court can interfere. The order of the https://hcservices.ecourts.gov.in/hcservices/

courts below have not been demonstrated to be so. I find no merit in this Revision Petition. This Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Principal District Sessions Judge, Pudukkottai 2.The Judicial Magistrate, Pudukottai +One cc to Mr.D.Ramesh Kumar, Advocate, SR.No.92897 skm RL/4C/2P/JC/SAR1/22/1/2018 CRL RC(MD)No.927 of 2017 and CRL MP(MD)No.11330 of 2017 14.12.2017 https://hcservices.ecourts.gov.in/hcservices/