Thursday, June 13, 2013

Husband did NOT take wife out with him, DV penalty 2 lakhs + monthly maintenance , Husband files revision against wife's DV victory, husband's advocate absent, HC passes order AGAINST husband i.e. affirming sessions court verdict !!

Husband did NOT take wife out with him, DV penalty 2 lakhs + monthly maintenance , Husband files revision against wife's DV victory, husband's advocate absent, HC passes order AGAINST husband i.e. affirming sessions court verdict !!

 

 

NOTES

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  • wife files DV
  • alleges that husband made snide remarks that wife is ugly & that husband does not take her out with him etc : Quote "….Clear evidence has been adduced to the effect that the revision petitioner refused to take the first respondent along with him, when he would go out, stating that she was ugly and that she was not fit to accompany him…."
  • JM court No.II, Virudhunagar orders monthly maint Rs 2,500/- (wife 1500 + kid 1000 p.m. ) and Rs 2 lakhs compensation (not clear what the compensation is for !!)
  • Husband appeals to sessions court, sessions court reduces monthly maint to Rs 2000/-  (1000+1000) and compensation to Rs 1 Lakh
  • Husband appeals to HC
  • But NO ONE representing husband …i.e husband's advocate absent !!
  • HC makes negative remark of husband's absence and HC affirms sessions court order, i.e. passes order against husband

 

 

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

 

DATED: 09/03/2012

 

CORAM

THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR

 

Crl.R.C.(MD)No.653 of 2011

 

N.Satishkumar        ... Petitioner/Respondent

 

Vs.

 

1.Meenakshi

2.Minor Petchi        ... Respondents/Petitioners

  [Respondent No.2 minor

  represented by her

  mother and next friend

  1st respondent]

 

             Criminal Revision Case is filed under Section 397 and 401 Cr.P.C praying to call for the records of the appellate order, dated 11.05.2011 in C.A.No.9 of 2011 of the Additional District Judge, (Fast Track Court)m Virudhunagar against the order in Cr.M.P.No.2110 of 2009 dated 22.01.2010 on the file of the Judicial Magistrate No.II, Virudhunagar and set aside the same.

 

!For Petitioner      ... Mr.P.Thangaiah

                         (No appearance)

 

^For Respondents     ... M/s.D.Fariyana Ghoushia

                         for Mr.G.Mariappan



Rest of the judgement on this Link

https://docs.google.com/file/d/0B-JZGIVy-RW5QkpYdUNjank2Wlk/edit?usp=sharing