O R D E R

This Criminal Revision Case has been filed to set aside the order dated 21.02.2020 made in C.M.P.No.5411 of 2019 in DVC No.15 of

2016 on the file of the Judicial Magistrate II, Gobichettypalayam.

2. The petitioner is the husband and the respondent is the wife. The respondent/wife filed a petition before the Protection Officer and the Protection Officer after enquiry filed a complaint before the learned Judicial Magistrate No.II, Gobichettypalayam. Learned Magistrate taken the complaint on file in DVC.No.15 of 2016 and same is pending.

3. During the pendency of the domestic violence case, the petitioners filed a petition before the learned Magistrate under Section 45 of the Evidence Act 1872 and the said petition was dismissed by the Magistrate. Challenging the same, the petitioner is before this Court. 4. Learned counsel for the petitioners would submit that the marriage was not consummated. They are living separately. The respondent has falesly filed complaint under Domestic Violence Act during pendency of DVC proceedings, the petitioner wanted to invoke Section 45 of the Evidence Act 1872 for medical examination of the respondent before Specilist Female Doctor in Department of Obstetrics and Gynecology in the Government General Hospital, Erode. The learned Magistrate failed to consider the same and dismissed the petition and held that the petitioners can approach the Subordinate Court, Gobichettypalayam in H.M.O.P.No.146 of 2015 and prove the same and not in the Domestic violence case.

5. Heard both sides and perused the materials available on record.

6. The relationship of the parties are admitted. Admittedly, the petitioners filed a petition for divorce in H.M.O.P.No.146 of 2015 before the Subordicate Court, Gobichettypalayam and the same is pending. Now, the petitioners can very well prove the said grounds in H.M.O.P.146 of 2015 and the learned Magistrate rightly observed that the relief sought for in CMP.No.5411/2019 cannot be in anyway helpful to decide the domestic violence case filed against the respondent/wife. Further, the scope of the domestic violence case is very limited. The marriage was admitted. In DVC case the Court has to see is there any Domestic Violence or not moreover when the petitioner invoked competent court for divorce on the medical grounds that as to whether the marriage was consummated or not can be proved in other cases i.e., matrimonial cases not in the DV cases. Therefore, this Court does not find any perversity in the order passed by the learned Magistrate and there is no merit in the revision case.

7. Accordingly, the criminal revision case is dimissed. Since the DVC.No.15 of 2016 is pending from the year 2016, the learned Judicial Magistrate No.II, Gobichettypalayam, is directed to complete the proceedings in accordance with law within a period of three months from the date of receipt of a copy of this order. Consequently, the connected criminal miscellaneous petition is closed.

26.04.2021 Index:Yes/No Speaking order/Non-speaking order dm Note: Issue order copy by 30.04.2021.

To

1.The Judicial Magistrate II, Gobichettypalayam.

P.VELMURUGAN, J.

dm

26.04.2021