Shanmugapandi v. Kanaga

ORDER The petitioner has filed this civil revision petition against the impugned order, dated 06.03.2023 passed by the I Additional District and Sessions Court, Tirunelveli in Crl.A.No.53 of 2020. By the impugned order, the Court has partly modified the order passed by the Judicial Magistrate No.1, Tirunelveli in D.V.C.No.1 of 2018. The relevant portion of the impugned order reads as under: "In fine, this appeal is partly allowed and the lower Court order passed in D.V.C.No.01/2018 dated 19.10.2020 is hereby modified and the house in which the petitioner and their children are residing, will be handed over to the petitioner recordically by respondent as permanent maintenance. The appellant/1st respondent is directed to pay Rs.5,00,000/- for each children (3) for their marriage expenses. This appeal is allowed by setting aside the lower Court order regarding the compensation."

¶2By an order, dated 19.10.2020 in D.V.C.No.1 of 2018, Judicial Magistrate No.1, Tirunelveli had ordered the following compensation: "15.,Wjpahf I)

Kjy;

vjph;kDjhuh;fis nghWj;J ,k;kDtpid js;Sgb nra;Jk;> II) kDjhuh; NfhhpAs;s ghJfhg;G cj;juT kDjhuUf;F fpilf;fj;jf;fjy;y vd;Wk;> III) kDjhuUf;F 1k; vjph;kDjhuh; khjguhkhpg;G njhifahf &.15>000/-I ,k;kD jhf;fy; nra;j ehspypUe;J ,d;W cj;juT ehs; tiuapy; nrYj;j Ntz;Lk; vd;Wk;> Nkw;gb njhiffis ehsJ NjjpapypUe;J ,uz;L khjfhyj;jpw;Fs;shf nrYj;j Ntz;Lk; vd;Wk;> vjph;tUk; khjguhkhpg;G njhifahf &. 20>000/-I nrYj;j Ntz;Lk; vd;Wk;> Nkw;gb vjph;tUk; khjguhkhpg;G njhiffis gpujp khjk; 5k; Njjpf;Fs; nrYj;j Ntz;Lk; vd;Wk;> IV) 1k; vjph;kDjhuhy; kDjhuUf;F ,iof;fg;gl;l FLk;g td;Kiw mjdhy; kDjhuUf;F Vw;gl;l kdhPjpahd ghjpg;Gf;F ,og;gPlhf &.2>00>000/-I 1k; vjph;kDjhuh; kDjhuUf;F nrYj;j Ntz;Lk; vd;Wk;> Nkw;gb njhifia ehsJ NjjpapypUe;J ,uz;L khjfhyj;jpw;Fs;shf nrYj;j Ntz;Lk; vd;Wk;> V) 1k; vjph;kDjhuh; mtuJ kfs;fshd fPjh kw;Wk; gphpah MfpNahh;fSf;F jpUkzk; elj;jpl Ntz;ba Vw;ghLfis 1k; vjph;kDjhuh; mtuJ jFjpf;Nfw;wthW nra;a Ntz;Lk; vd;Wk; cj;jutplg;gLfpwJ."

¶3If the order of the Judicial Magistrate No.1 was to be complied with, the petitioner would have been required to pay more than 10 lakhs. The order has been partly modified by the learned I Additional District and Sessions Judge taking note of the fact that the petitioner was not taking care of the respondent and their children. It appears that there are two daughters and a son. Therefore, taking note of the welfare of the respondent and the three children, the Court has partly modified the order, dated 19.10.2020 in D.V.C.No.1 of 2018 by the Judicial Magistrate No.1, Tirunelveli.

¶4In my view, no prejudice has been caused to the petitioner by the impugned order as the petitioner is even otherwise legally duty bound not only to maintain his legally wedded wife but also three children sired by him with the respondent.

¶5The present Civil Revision Petition is liable to be dismissed and accordingly, it stands dismissed. It is made clear that the dismissal of the civil revision petition is without prejudice to the rights of the respondent to agitate the impugned order. No costs. Consequently, connected miscellaneous petition is closed.

15.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To

1.The learned I Additional District and Sessions Judge, Tirunelveli.

2.The learned Judicial Magistrate No.1, Tirunelveli

3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai. C.SARAVANAN

,J.

SN

15.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.6856 of 2023 Shanmugapandi ...Petitioner/Appellant/ 1st Respondent Vs. Kanaga ...Respondent/Respondent/ Petitioner PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records and set aside the judgment dated 06.03.2023 in C.A.No.53 of 2020 dated 06.03.2023 passed by the learned 1st Additional District and Sessions Judge, Tirunelveli against the order passed by the learned Judicial Magistrate No.1, Tirunelveli in D.V.C.No.1 of 2018 dated 19.10.2020. For Petitioner : Mr.R.Srikanth For M/s.APN Law Associates