The court upheld the reduction of compensation and maintenance amounts based on the husband's financial constraints and the welfare of the children, deeming the wife's claims as an abuse of process.

ORDER :

This Criminal Revision Case is filed to set aside the judgment dated 08.07.2021 made in Crl.A. No.132 of 2019 on the file of learned Principal Sessions Judge, Tiruppur modifying the judgment dated 28.11.2019 made in D.V.A. No. 1 of 2016 on the file of learned Judicial Magistrate, Dharapuram.

2. The Petitioner herein has filed D.V.A. No. 1 of 2016 against her husband/Respondent herein, her sister-in-law, husband of the sister-in-law and one another person related to the Respondent herein. According to the Revision Petitioner/Wife the marriage between her and the Respondent herein was solemnised on 03.09.2000 and out of the wedlock, two children were born in the year 2001 and 2005 respectively. It was further stated by the Revision Petitioner/wife that after some years of marriage, the Respondent picked up quarrel with her under the influence of alcohol. Also the Revision Petitioner was shocked to learn that the Respondent herein had illicit relationship with many women. When this was questioned by the Revision Petitioner, the Respondent abused her physically and mentally. Therefore, she approached the learned Judicial Magistrate, Dharapuram by filing D.V.A. No.1 of 2016.

3. On notice in D.V.A. No. 1 of 2016, the Respondent herein has filed a detailed counter affidavit denying the avermens in the Petition filed by the Petitioner. According to the Respondent herein, he is running a photo studio and with the meagre income he was running his family. The Petitioner after the birth of the first daughter, refused to assist his mother who suffered from Cancer. When that was questioned, she abused the Respondent as well as his mother and left his matrimonial company along with the minor daughter. When the mother of the first Respondent was in death bed, she yearned to meet the minor daughter. Therefore, the Respondent requested the Petitioner to bring the minor daughter so that his mother can see her. Inspite of their request, the Petitioner refused to bring the minor daughter. Ultimately, his mother died. After two years of death of the mother of the Respondent, the brother and sister of the Respondent made conciliation and brought the Petitioner to the matrimonial home. Thereafter, on 14.09.2005 the second daughter was born. Again the Petitioner started humiliating and ill-treating the Respondent and indulged in repeated quarrels. Even when the second and third Respondents visited the matrimonial home, the Petitioner humiliated and abused them for no reason. Later, the Petitioner, without informing the Respondent, left the matrimonial home with the two minor daughters. Therefore, the Respondent has given a complaint to the Jamath. At the intervention of the religious leaders, the Petitioner returned to the matrimonial home, however, she did not reform her attitude. The Respondent therefore admitted his first daughter in a hostel at Karur. The Petitioner questioned the Respondent as to why the first daughter was admitted in a hostel and indulged in quarrel. Ultimately, the Petitioner once again left the matrimonial home with the second daughter and living with her parents. When the Respondent requested the Petitioner to send the second daughter to the matrimonial home so that he can admit her in a School, she refused to do so. Therefore, the Respondent has given a complaint dated 03.09.2014 to The All Women Police Station, Pollachi and in the enquiry conducted by the police officials, the Petitioner categorically informed that she is not prepared to live with the Respondent. In such circumstances, the Respondent pronounced triple talaq and sent it to the concerned Jamath. Questioning the same, the Petitioner has filed O.S. No. 330 of 2015 before the Sub Court Pollachi and it is pending. In the meantime, the Petitioner went to the School at Karur District to meet the elder daughter and without the knowledge of the School authorities, brought the elder daughter with her to Dharapuram, Tiruppur District. In this context, on 02.12.201