ORDER

This Criminal Revision Case has been filed seeking to set aside the order dated 20.07.2022 in Crl.M.P.No.9981 of 2022 in D.V.C.No.26 of 2022 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai.

2. The petitioner is husband and the respondent is his wife.

3. The case of the petitioner/husband is that the respondent/wife has filed a Domestic Violence Case against the petitioner/husband in DVC.No.26 of 2022 before the XVII Metropolitan Magistrate, Saidapet, Chennai, under Section 12 of the Domestic Violence Act for the reliefs under Sections 18, 19 and 20 of the Act. During pendency of the case, the respondent/wife also filed a petition in Crl.M.P.No.9981 of 2022 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 for interim relief. The learned Magistrate after enquiry, ordered a sum of Rs.10,000/- per month as interim maintenance to the respondent/wife till the disposal of the Domestic Violence Case filed by the respondent/wife. Aggrieved over the said order, now the respondent therein has filed the present revision before this Court.

4. The learned counsel for the petitioner would submit that petitioner/husband and the respondent/wife are living in a shared household and the petitioner/husband is running a small chicken stall and that the payment of Rs.10,000/- per month as interim maintenance is exorbitant and higher side. The learned Magistrate without any reason has ordered Rs.10,000/- per month as interim maintenance and hence, the same may be modified.

5. Though the matter is at the admission stage, since the revision is against the order of interim maintenance, this Court is inclined to dispose of the case at the admission stage itself.

6. A perusal of the records shows that the respondent/wife has filed a Domestic Violence case against her husband/the petitioner herein before the XVII Metropolitan Magistrate, Saidapet, Chennai and the same is pending. Simultaneously, she has also filed a petition under Section 23 of the Protection of Women from Domestic Violence Act, 2005 for interim relief. The learned Magistrate, considering the economical status of the petitioner and the respondent and the needs of the respondent to survive, has ordered Rs.10,000/- per month as interim maintenance. It is made clear that against an interlocutory order, no revision is maintainable. Even assuming that the revision is maintainable, since it is only an interim maintenance, ordered by the Court considering the status of the parties, this Court does not find any perversity, illegality or infirmity in the order passed by the learned Magistrate. Further, the relationship of the parties is not in dispute. Though they both are living under a same roof but they are living separately. Therefore, whatever the defence or grievance, the petitioner/husband can establish the same before the Court below in the Domestic Violence case and there is no reason for this Court to interfere with the order passed by the learned Magistrate.

7. Accordingly, this Criminal Revision Case is dismissed at the admission stage. Consequently, connected Miscellaneous Petition is closed.

29.09.2022 ksa-2 To The XVII Metropolitan Magistrate Court, Saidapet, Chennai P.VELMURUGAN,J.

Ksa-2 Criminal Revision Case No.1370 of 2022

29.09.2022