The court modifies a maintenance amount based on the circumstances of the parties while confirming compensation awarded under the Domestic Violence Act.

ORDER

This Civil Revision Petition has been filed against the order dated

29.02.2024 made in Criminal Appeal No.156 of 2023 on the file of the Principal District and Sessions Court, Theni, modifying the order dated 06.12.2022 made in DVC No.8 of 2022 on the file of the Judicial Magistrate, Uthamapalayam.

2. The petitioner is the husband and the respondent is the wife and their marriage was solemnized on 28.11.2014 and they were blessed with a girl child. Subsequently since their matrimonial life ran into rough weather, the respondent initiated proceedings under the Domestic Violence Act, 2005 in DVC No.8/2022 and an exparte order was passed against the petitioner herein. Challenging the same, the petitioner filed an appeal and the lower appellate Court, while reducing the compensation from Rs.5,00,000/- to Rs.3,00,000/-, fixed the maintenance amount at Rs.15,000/- towards the first respondent and Rs.10,000/- towards the 2^nd respondent daughter. Apart from that, Rs.10,000/- ordered by the trial Court was confirmed by the appellate Court towards litigation expenses. Challenging the same, the petitioner is before this Court.

3.The learned counsel for the petitioner would submit that the petitioner is a Diploma holder and when the first respondent is capable of maintaining herself, ordering Rs.25,000/- towards maintenance and Rs.3,00,000/- towards compensation found to be exorbitant and hence, the learned counsel prays for modification.

4. The learned counsel for the respondents, however, would contend that the trial Court and the lower appellate Court considered the plight of the respondents has ordered for compensation and maintenance, which is just and proper and hence, it needs no interference and prays for dismissal.

5. I have considered the rival submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case and considering the submission made on either side, the following order is passed:

The compensation as modified by the lower appellate Court and the litigation expenses are hereby confirmed. As far as maintenance amount is concerned, the maintenance amount is reduced from Rs.25,000/- to Rs.20,000/- and the petitioner is directed to pay the arrears by calculating Rs.20,000/- per month from the date of petition till date ie., 09.07.2025and continue to pay Rs.20,000/- every month, ie., on or before the 7^th day of every English calender month. The petitioner is directed to pay the amounts aforesaid amount within a period of four weeks from the date of receipt of a copy of this order.