O R D E R

These Criminal Revision Cases are filed by the 1st Respondent herein in D.V.O.P.18 of 2015 on the file of the learned Judicial Magistrate,

Additional Mahila Court, Salem, seeking maintenance.

2.Brief facts which are necessary for the disposal of these Criminal

Revision Cases are as follows:

a) The Appellant in C.A.No.86 of 2018 filed a complaint under Section

12 of the Protection of Women from Domestic Violence Act, 2005 alleging that the marriage between the Petitioner/wife and the 1st Respondent/husband was solemnized on 25.04.1983 and subjected to cruelty and harassment. The Petitioner/wife was thrown out of the matrimonial home in 1985 along with her daughter named Revathi. The 1st Respondent/husband had married Sarala and had three sons, but the Petitioner/wife was subjected to mental and physical torture.

b) The Petitioner/wife filed a maintenance case against the 1st

Respondent, which was ordered at Rs.2,215/- by order dated 21.01.2003. Even after filing the recovery maintenance Petition, the 1st Respondent had not paid the amount properly. The Petitioner/wife had educated her daughter and also solemnized the marriage for her. The 1st Respondent/husband has not given any money for the said expenses. The Petitioner was neglected and subjected to harassment right from the year 1985, and she prayed for monthly maintenance and also compensation.

c) The 1st Respondent/husband denied the allegations and claimed that the matrimonial relationship seized in 1984. Therefore, the 1st

Respondent opposed the Petition.

d) The Trial Court examined three witnesses and 11 documents, and

The learned Judicial Magistrate, Additional Mahila Court, Salem, passed a judgment stating that the Respondents 1 and 2 committed Domestic Violence on the Petitioner/wife. The 1st Respondent is liable to pay Rs.2,000/- as monthly maintenance and Rs.5,00,000/- as compensation.

e) Aggrieved by the same, the 1st Respondent/husband in D.V.O.P.18

of 2015 had filed Criminal Appeal No.52 of 2018 on the file of the learned I Additional District Judge, Salem. The Petitioner/wife in D.V.O.P.18 of 2015 had filed Criminal Appeal No.86 of 2018 on the file of the learned I Additional District Judge, Salem, against the order of the learned Judicial Magistrate, Additional Mahila Court,

Salem, in D.V.O.P.18 of 2015 dated 28.02.2018.

f) As per the judgment dated 12.04.2019, the learned I Additional

District Judge, Salem, had allowed the Appeal filed by the wife in Criminal Appeal No.86 of 2018 and dismissed the Appeal filed by the husband in Criminal Appeal No.52 of 2018. The amount ordered by the learned Judicial Magistrate Additional Mahila Court, Salem, in D.V.O.P.No.18 of 2015 ordering maintenance of Rs.2,000/- per month was enhanced to Rs.5,000/- per month.

g) Aggrieved by the judgment passed by the learned I Additional

District Judge, Salem, the husband had filed these Criminal Revision

Cases.

4. Learned Counsel for the Revision Petitioner/husband submits that the date of marriage was 25.04.1983. After one or two months, after the marriage, there was dispute between the husband and the wife. Therefore, she herself has withdrawn from the matrimonial relationship and she has started living separately. There is no domestic relationship to attract the provisions of the Domestic Violence Act. Already, she had filed Maintenance Case and maintenance was ordered. According to which the husband had been paying maintenance till date. After so many years, she had filed D.V.O.P.No.18 of 2015, which is not at all maintainable under the Limitation Act.

5. In D.V.O.P.18 of 2015, there was no report from the Protection

Officer. Therefore, the order passed by the learned Judicial Magistrate, Additional Mahila Court, Salem, is perverse. When he had raised the grounds in the Appeal, the learned I Additional District Judge, Salem, rejected the contention of the husband. Therefore, he has come before this Court by filing these Civil Revision Cases and he seeks to set aside the order passed by the le