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2015 Supreme(Mad) 918

S.MANIKUMAR
Jagadesan – Appellant
Versus
State of Tamil Nadu, rep. , by its Public Prosecutor – Respondent


Advocate Appeared:
For the Petitioner:P. Raja, Advocate.
For the Respondents:R1, P. Govindarajan, Addl. Public Prosecutor, R2, K. Thilageswaran, R3, P. Mahesh Kumar, Advocates.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a dispute under the Protection of Women from Domestic Violence Act, 2005, with related proceedings under the Criminal Procedure Code, including orders for monetary relief and education expenses (!) (!) (!) .

  2. The wife and son filed a complaint alleging domestic violence, dowry demands, neglect, and ill-treatment by the husband and his family, leading to various orders for protection, residence, and monetary reliefs (!) (!) (!) (!) (!) .

  3. The wife contended that the marriage was solemnized in 1993, and the son was born in 1995. She claimed that the husband and his family demanded dowry at the time of marriage and subsequent occasions, which caused depression and mental stress (!) (!) .

  4. Allegations include neglect of the wife and son, physical and mental cruelty, and improper conduct during family events, leading to the wife and son living separately and suffering financial hardship (!) (!) (!) .

  5. The wife also alleged that the husband transferred properties in his name and threatened to transfer properties to his family members unless she agreed to divorce, thus causing economic abuse (!) (!) (!) .

  6. The proceedings included interim orders for educational expenses, with the husband directed to pay a specific amount towards college fees, and deposit a sum for the son's expenses, with provisions for further payments based on proof of admission and fee structure (!) (!) (!) (!) (!) (!) (!) .

  7. The appellate court modified the interim orders, requiring the husband to furnish proof of admission and fee structure, and to pay 50% of the fees and other expenses, including a sum for the son's personal expenses and maintenance (!) (!) .

  8. The petitioner-husband challenged the interim orders, arguing that the Court lacked jurisdiction to order lumpsum payments under Section 23 of the Act and that such payments should only be ordered at the final stage under Section 12 (!) (!) (!) .

  9. The Court clarified that the Act empowers the Magistrate to pass interim orders, including monetary relief and lumpsum payments, at any stage of proceedings if deemed just and proper, based on affidavits and the circumstances of the case (!) (!) (!) .

  10. It was emphasized that the provisions of the Act are meant to provide effective protection and relief to victims of domestic violence, and the Court should adopt a beneficent and purposive approach in interpreting these provisions, ensuring that interim reliefs serve the objectives of the legislation (!) (!) (!) .

  11. The Court noted that the definition of "child" includes persons under 18 years, but even after majority, obligations related to basic amenities, health, and education continue to be morally and legally binding, especially under the scope of economic abuse (!) (!) (!) .

  12. The Court observed that interim orders for educational expenses and maintenance are permissible at any stage if justified by the circumstances, and the purpose of such orders is to prevent hardship and uphold the rights of the aggrieved person and her children (!) (!) (!) .

  13. The Court directed that the main proceedings should be disposed of within a specified period and that the petitioner shall pay the ordered amounts in installments, with further directions for the continuation of the son's education and the enforcement of the orders (!) (!) .

  14. Overall, the case underscores the broad powers of the Magistrate under the Act to grant interim reliefs, including monetary and educational expenses, to ensure protection and support for victims of domestic violence, while emphasizing the importance of interpreting the legislation in a purposive and beneficent manner.


Judgment :-

1. Both the revision petitions arise out of the order dated 21.08.2012, made in C.A.No.180 of 2012, on the file of the First Additional District and Sessions Judge, Coimbatore, modifying the order, dated 15.06.2012, passed in C.M.P.No.2112 of 2012 in D.V.A.No.34 of 2010, on the file of the Judicial Magistrate No.1, Coimbatore. As pleadings and submissions are common, both the revision petitions are disposed of, by a common order. For brevity, husband is described as petitioner, wife and son, as respondents.

2. Wife and son/respondents, have filed DVA.No.34 of 2010, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, "Act"), before the learned Judicial Magistrate No.1, Coimbatore, against the petitioner and others, for the following reliefs:-

(1) To pay maintenance at the rate of Rs.10,000/- each, towards medical expenses and clothing, under Section 20(1)(d) of the Act,

(2) To pay Rs.20,00,000/- for educational expenses, under Section 20(2) of the Act, which includes Rs.5,00,000/- already spent by the Wife,

(3) To pay Rs.10,00,000/- under Section 20 of the Act,

(4) For an order to protect the right to reside in the share h





















































































































































































































































































































































































































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