Crl.R.C.No.425 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.No.425 of 2018

and Crl.M.P.No.5247 of 2018

M.N.Rohit

... Petitioner

Vs.

N.Muthulakshmi

... Respondent

PRAYER: Criminal Revision case has been filed under Section 397 r/w 401 of

Cr.P.C to set-aside the order dated 12.12.2017 made in Crl.A.141 of 2017 on

the file of the III Additional District and Sessions Judge, Coimbatore, in

modifying the order dated 13.06.2017 made in CMP.No.1777 of 2017 in DVA

No.6 of 2017 on the file of the Judicial Magistrate No.VI, Coimbatore.

For Petitioner

:

Mr.A.E.Ravi Chandran

For Respondent

:

M/s.I.Bobby Portia

for Mr.K.P.Sathish Kumar

ORDER

This Criminal Revision Case has been filed to set-aside the order dated

12.12.2017 made in Crl.A.No.141 of 2017 on the file of the III Additional

District and Sessions Judge, Coimbatore, in modifying the order dated

13.06.2017 made in CMP.No.1777 of 2017 in DVA No.6 of 2017 on the file of

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Crl.R.C.No.425 of 2018

the Judicial Magistrate No.VI, Coimbatore, thereby ordered right of residence

in favour of the respondent herein.

2.

Heard both sides.

3.

The petitioner is the husband of the respondent herein. They got

married in the year 2012. However, there was a strained relationship between

them and as such they got separated and the respondent was driven out from the

matrimonial home. Therefore, the respondent filed a complaint under the

Domestic Violence Act in DVA No.6 of 2017. Pending complaint, the

respondent filed a petition in CMP.No.1777 of 2017 seeking right of residence.

The Trial Court, after considering the facts and circumstances, granted right of

residence to the respondent at No.27, Nehru Nagar East, 5^th street, 4^th cross

street, Civil Aerodrome Post, Kalapatti Main Road, Coimbatore-14. Further, the

petitioner and his family members restrained her and interfered with the

peaceful living in the said house. Aggrieved by the same, the petitioner

preferred an appeal in Crl.A.No.141 of 2017.

4. The Appellate Court modified the order passed by the Trial Court, as

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Crl.R.C.No.425 of 2018

follows,

“ i. Rs.25,000/- shall be paid by the first appellant to the

respondents within 30 days from this date, to meet out the rental

advance.

ii. A sum of Rs.6,000/- shall be paid by the first appellant to the

respondents on or before the 5^th of every English calender month, to meet

out the monthly rents. This payment shall commence from January

2018.”

However, the petitioner herein did not satisfy the said order and filed this

revision on the ground that the Trial Court, without giving opportunity of filing

counter, ordered for right for residence in favour of the respondent herein. The

petitioner was directed to pay a sum of Rs.25,000/- to meet out the rental

advance and ordered for a sum of Rs.6,000/- towards the monthly rent in favour

of the respondent herein, without even analyzing the capacity of the petitioner

herein. He is unable to pay the said amount, since he has no job and he has no

source of income to meet the expenses as ordered by the first Appellate Court.

5. It is seen that the Trial Court ordered for right of residence in the

house of the petitioner. However, it cannot be possible since there are other

family members and the petitioner used to harass the respondent a all times and

as such the first Appellate Court rightly modified the right of residence by

directing the petitioner to pay a sum of Rs.25,000/- to meet out the rental

advance and also directed to pay a sum of Rs.6,000/- towards the monthly rent

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Crl.R.C.No.425 of 2018

in favour of the respondent herein.

6. Hence, this Court finds no infirmity or illegality in the order passed by

the Co