C.R.P.No.2327 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023

CORAM:

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI

C.R.P.No. 2327 of 2023

and

C.M.P.No. 14140 of 2023

C.T.Natarajan

.. Petitioner

Vs

Santha

.. Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the

Constitution of India, to call for the entire records pertaining to the order of

the Special Court for Trial of Domestic Violence Cases, Coimbatore dated

27.03.2023 made in un-numbered CMP.No. of 2023 in DVA.No.99 of 2020,

set aside the same and consequently direct the Special Court for Trial of

Domestic Violence Cases, Coimbatore to number the CMP filed by the

petitioner under Section 245 of Cr.P.C.

For Petitioner

: Mr. R. Shanmugham

For Respondent

: Mr. T. Elumalai

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C.R.P.No.2327 of 2023

O R D E R

This Civil Revision Petition is filed to call for the entire records

pertaining to the order of the Special Court for Trial of Domestic Violence

Cases, Coimbatore dated 27.03.2023 made in un-numbered CMP.No. of

2023 in DVA.No.99 of 2020 and set aside the same.

2. The revision petitioner herein is the husband of the

respondent herein. Before the trial Court, the DVA.No. 99 of 2020 was filed

by the respondent / wife against her husband / revision petitioner herein.

3. Aggrieved over the said proceeding, the revision petitioner

has preferred this revision, praying to quash the entire proceeding as it is a

clear case of abuse of process of law.

4. The learned counsel for the petitioner submits that he is aged

about 93 years old and suffering with chronic disease and he is continuing

the treatment but the respondent / wife, at the instigation of their son,

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C.R.P.No.2327 of 2023

Karthikeyan, who is unmarried and drunken, always causing interference in

the peaceful possession and enjoyment of the life as well as the property. At

his instigation, the DVA proceeding was initiated. In fact, he is residing in

the house, which was purchased by self acquisition, as he is a retired

professor of Tamilnadu Agricultural University. He is living with two sons

and daughters and already he partitioned all the properties. Now, at the

instigation of Karthikeyan, the false case was filed. On considering the

submission, this Court directed both the parties to appear in video

conference. Accordingly, the revision petitioner and his daughter appeared

through video conference.

5. The learned counsel for the respondent submits that the wife,

Santha, who is aged about 84 years old, she was not been properly

maintained by the revision petitioner / husband and also he attempted to

forcibly sent out from the house. Hence, necessity arose for her to file DVA

proceeding. Further it is submitted that the revision petitioner is receiving

Rs.1.50 lakhs as monthly pension but, he failed to maintain her.

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C.R.P.No.2327 of 2023

6. On seeing the age of both the parties, more than 80 years old

and all are living along with sons and daughters, admittedly, one son,

Karthikeyan is unmarried and drunken person. He is causing interference in

the peaceful life of both petitioner and respondent. Therefore, this Court is

inclined to give direction to the Karthikeyan not to cause any annoyance to

the revision petitioner, who wants to live peacefully in the house belongs to

him during the fag end of his life. However, the respondent, aged about 84

years old, also residing in their house without proper maintenance according

to her, as per counsel's submission.

7. Therefore, this Court directs the revision petitioner / husband

to pay Rs.20,000/- to the respondent / wife from November 2023 onwards,

on the first week of every English calendar month, until her demise; that

amount to be paid either in cash directly or through the account of the

respondent herein.

8. According