JUDGMENT :

(Prayer: This criminal revision case is filed under Sections 397 and 401 of Cr.P.C., to call for the entire records pertaining to the order and judgment rendered by the Family Judge, Madurai District, in M.C.No.29 of 2014 vide his judgment, dated 21.04.2016 by set aside the same.)

1. This revision has been filed to set aside the order passed by the Family Court, Madurai District, in M.C.No.29 of 2014, dated 21.04.2016. The revision petitioner herein is the husband and the respondent herein is the wife.

2. Brief substance of the petition, in M.C.No. 29 of 2014, is as follows :

The marriage between the petitioner and the respondent took place on 13.07.2005, at the Murugan Temple, Tirupparankundram. They lived peacefully for a period of three months. Subsequently, due to the instigation of the family members, the husband left the wife at her parents' house. Without the knowledge of the wife, the husband by giving a false address, obtained an exparte divorce order in H.M.O.P.No.156 of 2006. By getting the High Court order, the divorce petition was sent to the trial Court for fresh consideration. The petitioner filed a petition in H.M.O.P.No. 357 of 2007, for restitution of conjugal rights. On 22.01.2011, the divorce petition in H.M.O.P.No.156 of 2006 was allowed by the trial Court and the restitution of conjugal rights petition in H.M.O.P.No. 357 of 2007, was dismissed by the trial Court. The wife filed Appeals in CMA(MD)Nos.418 and 419 of 2011 and the appeals are pending before the High Court. The petitioner filed a case under the DV Act. She lodged a police complaint against the husband and his family members. The husband and his sister also lodged a complaint against the petitioner. Due to the efforts of the elders, the husband and his family members, gave a false promise before the elders that both the husband and wife will live together. With the false promise, they obtained signature from the petitioner and her mother in various blank papers. On good faith, the petitioner withdrew the cases filed by her. After the withdrawal of the case, the husband refused to live with the petitioner. When the appeals are pending before the High Court, the husband got second marriage. But, the petitioner never had a second marriage. The petitioner sent a notice seeking maintenance from the husband. The husband sent a reply notice, wherein, it is stated that the petitioner has executed an agreement stating that she received a sum of Rs.1,00,000/- as permanent alimony. The husband by using the signature of the petitioner and her mother, in blank papers, has created some fake documents and prayed a sum of Rs.10,000/- per month to be awarded as maintenance.

3. Brief substance of the counter filed by the respondent, in M.C.No. 29 of 2014, is as follows:

The marriage is admitted. The petitioner lived with the husband only for a period of 20 days. She left the house, without informing her husband. She was living with somebody in Tiruppur. When a notice was sent calling her to live with the husband, she failed to return back to the matrimonial home. H.M.O.P.No.156 of 2006 was filed by the husband and notice was sent to the correct address. Since the wife did not attend the Court, exparte decree was passed in favour of the husband. The wife filed a case in H.M.O.P.No.357 of 2007 and a petition to set aside the exparte decree. The wife has filed more than 20 complaints in various police stations. She has filed a case in Crl.M.P.No.6646 of 2010, before the Judicial Magistrate No. IV, Madurai. Since the case was dismissed, the wife attacked her sister-in-law, and tried to murder her and a case was registered against the wife. The wife threatened her husband and her sister-in-law and a case in Crime No.392 of 2011 was registered against the wife. Subsequently, the wife received a sum of Rs.1,00,000/- and has executed a compromise affidavit, wherein, she has accepted the receipt of Rs.1,00,000/- and has accepted to withdraw all the cases filed by he