C O M M O N O R D E R

Crl.R.C.No.207 of 2021 is filed by the 1st Respondent/husband in D.V.A.No.25 of 2013 before the learned Judicial Magistrate No.II, Coimbatore.

2. Crl.R.C.No.470 of 2021 is filed by the Petitioner/wife in D.V.A.No.25 of 2013 on the file of the learned Judicial Magistrate No.II, Coimbatore.

3. Learned Counsel for the Revision Petitioner/husband in Crl.R.C.No.207 of 2021 submitted his arguments.

4. As per his submission, the Petitioner/wife in D.V.A.No.25 of 2013 had filed D.V.A Petition against the husband. The marriage between the Revision Petitioner herein and the Respondent herein took place on 27.01.2013. It was a love marriage. The Respondent herein as wife, lived in the matrimonial home only for the period of six months. Subsequently, she left the matrimonial home. She did not return. She filed complaint before the All Women Police Station, Coimbatore. Subsequently, D.V.A.No.25 of 2013 was filed before the Court of the learned Judicial Magistrate No.II, Coimbatore. By the time the learned Judicial Magistrate No.II, Coimbatore, proceeded with the trial/enquiry in D.V.A.No.25 of 2013, the Petitioner in D.V.A.No.25 of 2013 was already divorced and had contracted the second marriage. She had deposed as P.W.1. Her parents deposed as P.W.2 and P.W.3.

5. The learned Counsel for the Revision Petitioner/husband in Crl.R.C.No.207 of 2021 invited the attention of this Court to the judgment passed by the learned Judicial Magistrate No.II, Coimbatore, in D.V.A.No.25 of 2013 dated 18.09.2018, in which the learned Trial Judge had discussed the evidence of the Petitioner and the Respondents and had declined the relief sought by the Petitioner in the Domestic Violence Application, stating she is not entitled to any of the relief.

6. In the course of the discussion, the learned Trial Judge had observed that even though she had sought return of jewels given by her parents at the time of marriage, she and her father signed the receipt acknowledging return of sridhana articles, which was marked as Ex.R1 on the side of the 1st Respondent/husband in D.V.A.No.25 of 2013 before the All Women Police Station. Also, the learned Trial Judge had observed that even though in the Domestic Violence Case she had claimed 40 sovereigns, in the evidence she claimed 25 sovereigns and the description of the each and every jewel had not been stated. Therefore, the learned Trial Judge had declined to grant any relief, including compensation.

7. D.V.A.No.25 of 2013 was dismissed by the learned Judicial Magistrate No.II, Coimbatore, by judgment dated 18.09.2018. Aggrieved by the order of dismissal of D.V.A.No.25 of 2013, the Petitioner/wife preferred Crl.A.No.530 of 2018 before the learned V Additional District and Sessions Judge, Coimbatore. The same was disposed off by the learned V Additional District and Sessions Judge, Coimbatore, by judgment dated

15.12.2020.

8. The learned V Additional District and Sessions Judge, Coimbatore, had observed as follows:

16.As of now, the Petitioner has got divorce and remarried. Imagine the amount of pain and suffering she has undergone that she is pressing for the compensation even after divorce and remarriage. She need to be suitably compensated for the suffering under the 1st Respondent, whom she loved and married with found hopes that he will be a truthful and loving husband. Her dream and expectation were crushed by the Respondent by the harassment and sufferings met by her.

17.Section 22 of the Domestic Violence Act read as below:

22.Compensation orders.—In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

18. Applying the above provision, the Petitioner will be entitled for compensation and damaged for the injuries, including