C O M M O N O R D E R These revisions are preferred against the order dated 24.03.2011 passed in Crl.A.No.28 of 2010 on the file of Additional Sessions and Fast Track Court-III, Chennai.
2. Prosecution case is that first petitioner in Crl.R.C.No.1204 of 2011/first respondent in Crl.R.C.No.630 of 2011 and first respondent in Crl.R.C.No.1204/2011/petitioner in Crl.R.C.No.630 of 2011 got married in the year 1988. The relationship between them started becoming sour in the mid of 2007. Due to untold miserable behaviour and callous attitude of first petitioner towards her own children, the first respondent was forced to give up his employment to ensure that the children are taken care of and that his mother does not suffer on account of violent and virulent behaviour of the first petitioner. There were several notices exchanged between them. Finally, after physically assaulting the first respondent's mother, the first petitioner walked out of the matrimonial home forcing the second respondent to accompany her. The first respondent moved a petition seeking divorce in O.P.No.4071/09. The first petitioner moved a petition in C.M.P.No.259 of 2010 seeking remedy under the Protection of Women from Domestic Violence Act before the learned IX Metropolitan Magistrate, Saidapet, Chennai. The learned IX Metropolitan Magistrate, by order dated 08.02.2010 in Crl.M.P.No.259 of 2010, passed an interim order granting relief under
Sections 18(a)(b)(c)(d) and
19 (a)(c)(d) and Section 20 of the Protection of Women from Domestic Violence Act and a monthly maintenance of Rs.3,000/- was awarded to the petitioner; and college fees, conveyance charges and miscellaneous expenses for the second petitioner and also to meet the medical expenses of both the petitioners, who are the wife and daughter of the first respondent, when they are put to any ailments and sufferings. Aggrieved by the same, the petitioners in Crl.R.C.No.1204 of 2011 moved Crl.A.No.28 of 2010 before the learned Additional Sessions Judge, Fast Track Court-III, Chennai. The Appellate Court passed an order dated 24.03.2011, enhancing the compensation from Rs.3,000/- to Rs.4,000/- to the appellants therein, who are the petitioners in Crl.R.C.No.1204 of 2011.
3. Heard learned counsel for petitioners and learned counsel for respondents in both Criminal Revisions.
4. Though counsel on either side have much to say both on the question of payment of maintenance, as also the quantum thereof, this Court finds that the Revisions of the year 2011 relate to proceedings initiated in Crl.M.P.No.259 of 2010 before the learned IX Metropolitan Magistrate, Saidapet, Chennai. An order of interim maintenance has been challenged in Appeal and thereafter before this Court and against the order made by Appellate Court, both sides have preferred these Revisions.
5. Though both sides are not agreed upon the quantum paid thus far keeping with the orders of Courts below as reflected in the Memos filed by them, this Court is of the view that interests of justice would be met by requiring the petitioner in Crl.R.C.No.630 of 2011/husband to effect payment of a sum of Rs.2,00,000/- and direct the trial Court to dispose of the case within a period of two months from the date of receipt of a copy of this order.
6. This Court records the submission of learned counsel for petitioner in Crl.R.C.No.630 of 2011 that the sum of Rs.2,00,000/- will be deposited to the credit of Crl.M.P.No.259 of 2010 and that such petitioner/husband/father would not object to withdrawal of the sum by the petitioners in Crl.R.C.No.1204 of 2011/wife and daughter.
7. In view of the above, both the Criminal Revisions shall stand closed. It will be open to both sides to make all submissions on merits of their respective cases and sums paid by the petitioner in Crl.R.C.No.630 of 2011, as also further sum of Rs.2,00,000/- now directed to be paid, shall be adjusted against the final order to be passed by learned IX Metropolitan Magistrate, Saidapet, Chennai in Crl.MP.No.259 pf 2010. Consequently, connected miscellaneous petition is closed.
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1.The Additional Sessions Judge, Fast Track Court-III, Chennai.
2.The IX Metropolitan Magistrate, Saidapet, Chennai.
Crl.R.C.Nos.1204 and 630 of 2011 07.09.2017