Senthil Kumaran v. Kavitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl. R.C.(MD)No.852 of 2016 and Crl. M.P.(MD)No.12365 of 2016 Senthil Kumaran ... Petitioner/Petitioner / 1st Appellant -Vs.- Kavitha ... Respondent/Respondent/Respondent Prayer: Criminal Revision Case - filed under Section 397 r/w 401 Cr.P.C., to call for the records relating to the order passed in Cr.M.P.No.2147 of 2016 in C.A.No.34 of 2016 by the Principal Sessions Judge, Dindigul District dated 29.11.2016 and set aside the same.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.S.Ravi

O R D E R

For the sake of convenience, the parties will be referred to by their name.

2. Kavitha got married to Senthil Kumaran on 03.09.2009 and they have two children through the wedlock. Their marital life ran into rough weather, resulting in Kavitha initiating proceedings under the Domestic Violence Act before the learned Judicial Magistrate, Palani in Cr.M.P.No.5766 of 2016 against Senthil Kumaran and his family members, claiming various reliefs under the Domestic Violence Act. The learned Judicial Magistrate, Palani passed the following order in Cr.M.5766 of 2016 on 02.09.2016.

"The first respondent is directed to pay interim maintenance amoutn of Rs.4,000/- alongwith Rs.1,000/- for educational expenses totally Rs.5,000/- to the petitioner as prayed by the petitioner in this interim petition from the date

of filing of this petition under Section 20 of D.V.Act and compensation amount a sum of Rs.40,000/- for medical expenses incurred and Rs.20,000/- for educational expenses the amount paid by her to her second son under Section 22 of D.V.Act. The order is accordingly."

3. Aggrieved by the order, Senthil Kumaran filed C.A.No.34 of 2016 before the learned Principal Sessions Court, Dindigul, in which, he filed Cr.M.P.No.2147 of 2016 for stay of the order passed by the trial Court. The learned Principal Sessions Court, Dindigul, by an order dated 29.11.2016, dismissed Cr.M.P.2147 of 2016 and refused to grant stay of the order of the trial Court. Challenging the same, Senthil Kumaran is before this Court.

4. Heard the learned counsel for Kavitha and the learned counsel for Senthil Kumaran.

5. At the outset, this petition is not maintainable, in view of Section 397(2) Cr.P.C., since the order in Cr.M.P.No.2147 of 2016 is an Interlocutory Order and C.A.No.34 of 2016 is still pending on the file of the the learned Principal Sessions Court, Dindigul.

6. The learned counsel for the respondents submitted that a cost memo, claiming Rs.1,65,000/- being arrears payable by Senthil Kumaran to Kavitha and the two children, has been filed.

7. The learned counsel for Senthil Kumaran submitted that he is liable to pay only Rs.1,45,000/- and not Rs.1,65,000/- as claimed by Kavitha, in view of the order passed by the learned Judicial Magistrate, Palani. The operative portion of the order passed by the Trial Court is extracted above.

8. On a reading of the order passed by the learned Judicial Magistrate, Palani, it is seen that a sum of Rs.40,000/- for medical expenses and a sum of Rs.20,000/- for Education Expenses have been awarded, as one time fixed payment. The only variable amount is Rs.5,000/-. In order to show his bona fide, the learned counsel for Senthil Kumaran handed over Rs.50,000/- by cash to the learned counsel for Kavitha as part payment of the admitted amount of Rs.1,45,000/-.

9. The learned counsel for Senthil Kumaran submitted that the balance amount of Rs.95,000/- will be deposited before the trial Court, if six weeks time is granted.

10. Accepting the submission, six weeks time is granted to deposit Rs.95,000/- by Senthil Kumaran before the trial Court and on such deposit, Kavitha will be entitled to withdraw the same.

11. The learned counsel for Senthil Kumaran further

submitted that Senthil Kumaran has filed an undertaking affidavit dated 27.07.2017, wherein, his client has stated that he is willing to provide accommodation to Kavitha and two children at D.No.144D, Gopal Doctor Street, near Rana Kaliyamman Temple, New Dharapuram Road, Palani.

12. The learned counsel for Kavitha also stated that his client will accept. Senthil Kumaran is directed to file an undertaking affidavit before the learned Judicial Magistrate, Palani in the Domestic Violence Act proceedings for appropriate orders to be passed.

13. In view of the above, this criminal revision case is closed, however, with a direction to the learned Principal Sessions Court, Dindigul, to dispose of C.A.No.34 of 2016, expeditiously, within a period of three months from the date of receipt of a copy of this order, provided Senthil Kumaran and Kavitha co-operate. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge, Dindigul.

2. The Judicial Magistrate, Palani.

+ 1 CC TO Mr.D.VENKATESH, ADVOCATE IN SR No. 41070 + 1 CC TO Mr.S.RAVI, ADVOCATE IN SR No. 40944 SM TE/SV-MMS/SAR-1 : 23/01/2018 : 3P/5C Crl. R.C.(MD)No.852 of 2016 and Crl. M.P.(MD)No.12365 of 2016 05.01.2018