The court considered the financial capabilities, earning capacity of the first petitioner, and the way of life in modifying the maintenance amount and directing the petitioners to hand over 51.25 sovereigns of gold jewels to the first respondent.

JUDGMENT

(Prayer: Criminal Revision Petition filed under Sections 397 and 401 of Criminal Procedure Code, to call for the records on the file of the learned Principal Sessions Judge, Kancheepuram District, Chengalpattu in C.A.No.45 of 2015 by judgment dated 03.08.2017 partly modifying and confirming the judgment and sentence passed by the learned Judicial Magistrate, Madurantakam, Kancheepuram District, made in M.C.No.2 of 2014 dated 29.10.2015 and set aside the same.)

1. The petitioners who are the respondents in M.C.No.2 of 2014 are facing trial under the Protection of Women from the Domestic Violence Act filed by the respondents seeking protection order under Sections 17, 18, 19, 20, 21, 22 and 23 of the Act, filed the present Criminal Revision Petition.

2. The gist of the complaint is that the marriage between the first petitioner and the first respondent took place on 09.03.2008 as per the Hindu customs. During their marriage, the first petitioner was presented with 11.25 sovereigns of gold jewels, Rs.10,000/- for the dresses and Rs.3,00,000/- worth of household articles. Further, the first respondent was presented with 40 sovereigns of gold jewels. After some time, the first petitioner insisted for a two wheeler, a sum of Rs.60,000/- was given in cash. After the marriage, both the first petitioner and the first respondent were residing at No.56, Malai Nagar, Acharapakkam along with other petitioners. At the instigation of petitioners 2 to 6, the first petitioner demanded a car, hence, a Tata Indica car was presented. Out of their wedlock, the respondents 2 and 3 were born to them. The first petitioner further demanded properties, particularly, the property which was settled by the first respondent's mother. During the marriage life, the first respondent was always forced to get articles from her parents, she also obliged the same, despite that she was treated like a slave. On 10.11.2012, the first respondent lodged a complaint before the All Women Police Station, Melmaruvathur. During enquiry, the first petitioner appeared, gave an undertaking that hereafter he would take care of his wife properly and hence, the complaint was withdrawn. Later, the first petitioner gave a false complaint as though the respondents herein were found missing, when action was proposed to be taken for the false complaint, the first respondent intervened and action was dropped. On 19.04.2013, the petitioners herein joined together, undressed the first respondent and attempted to douse her with kerosene and set fire. The first respondent relieved herself, went to her parents place and thereafter, again lodged a complaint on 27.04.2013. Suppressing all these facts, the first petitioner filed a petition for divorce before the Sub Court, Madurantakam and managed to get an exparte order in his favour despite the first respondent was living together with the first petitioner. Further, the first petitioner denied food, shelter, clothing and basic amenities to the respondents. Hence, the respondents filed a petition in M.C.No.2 of 2014 before the learned Judicial Magistrate, Maduranthakam seeking protection from the petitioners not to disturb the respondents from residing at No.26, Malai Nagar, Acharapakkam, further sought for Rs.25,000/- as maintenance, return of 51.25 sovereigns of gold jewels presented to the first respondent, diamond stud, Rs.60,000/- cash given for purchase of two wheeler, Rs.3,00,000/- worth of household articles, birth certificate, educational certificate of the respondents and sought Rs.25,00,000/- as compensation for the mental agony suffered by the respondents.

3. Before the Trail Court, the first respondent examined herself as P.W.1, marked Ex.P.1 to Ex.P18, the first petitioner examined as R.W.1 and marked Ex.R1 to Ex.R17. On conclusion of trial, the Trial Court passed a protection order directing the respondents to reside at No.26, Malai Nagar, Acharapakkam and directed the petitioners not to disturb them. The Trial Court furt