The main legal point established in the judgment is the importance of fair trial and the right to cross-examine witnesses in proceedings under the Protection of Women from Domestic Violence Act, 2005.

1. The petitioners are the respondents in M.C.No.3 of 2011 on the file of the VII Metropolitan Magistrate, Georege Town, Chennai. The respondent herein who is the wife of the first petitioner has filed the above said petition against the petitioners herein under Section 12, 18, 19, 20 and 21 of the Protection of Women from Domestic Violence Act, 2005 for the following reliefs:-

A. Order of injunction restraining the respondents from committing any acts of domestic violence.

B. Direct the Inspector of Police, Flower Bazaar Police Station to give protection to the petitioner and assist her in this regard.

C. Order of injunction restraining the respondents from interfering with the continuation of the custody of the two minor children.

D. Order of injunction restraining the respondents from entering the school attended to by Minor children.

E. Directing the respondents to stay away from the father and mother and other dependents/relatives of the petitioner to prohibit domestic violence against them.

F. Order of injunction restraining the respondents from communicating with the petitioner in any manner.

G. Direct the first respondent to return the articles and belongings of the petitioner as mentioned in the schedule to the petition.

H. Directing the first respondent to secure the saree level of alternate accommodation for the aggrieved person as enjoyed by her in the shared house hold to pay rent for the same.

I. The respondent has also sought for an order of consequential monetary reliefs and an order directing the first petitioner to pay the (a) Loss of earnings of Rs.10,000/-(b) Medical expenses Rs.22,000/- (c) Loss due to physical and mental injury Rs.10,000/-

(d) a sum of Rs.15,000/- per month towards food, clothes, medications and other basic necessities (e) a sum of Rs.18,000/-per month towards school fees and related expenses Rs.50,000/- for minor children (f) a sum of Rs.15,000/- per month towards household expenses or in the alternative; (g) to pay a monthly sum towards maintenance or lump sum payments as deemed fit and appropriate.

2. The present petitioners have filed their counter in the said Maintenance Case, inter alia denying all the allegations and prayed for dismissal of the Maintenance Petition.

3. The present petition is filed for a direction to the learned VII Metropolitan Magistrate to take up the proceedings in M.C.No.3 of 2011 as per the provisions of Section 28(a) (b) of the Protection of Women from Domestic Violence Act permitting the petitioners to cross-examine the respondent and further opportunity to the petitioners to let in evidence in any form known to law and as contemplated under the Act. At present the evidence on the complainant side has been closed and posted the case for respondents evidence. At this stage, the present petition has been filed.

4. The first petitioner is the husband of the respondent. The petitioners contended that the amounts claimed by the respondent on various heads towards monthly maintenance for herself and for the children and lump sum amount for household expenses are excessive and she is not entitled for the said amounts. Further, even in the counter it has been denied. Further, as per Section 14 of the Act, the learned trial Judge has called for the parties for counseling and even in that the respondent is very interest in getting the monetary benefits. Further, the procedure adopted by the learned trial Judge is not in accordance with law. Hence the petitioners pray that the petition has to be allowed.

5. Heard the learned counsel appearing for the petitioners and the learned Senior Counsel appearing for the respondent and also perused the materials placed on record.

6. The vehement contention of the learned counsel for the petitioner/husband is that during the trial fair trial was not conducted by the learned trial Magistrate. The respondent/wife has produced documents under Exs.P1 to P17 and everything has been clubbed and it has been marked with