This revision arises against the judgment of learned III Additional Sessions Judge, Chennai, passed in C.A.No.44 of 2014 on 30.07.2014 confirming the judgment of learned II Metropolitan Magistrate, Egmore, Chennai, passed in C.C.No.76 of 2012 on 14.09.2013.
2. Petitioner and respondent are husband and wife. Differences arose between them. Respondent/wife moved C.C.No.76 of 2012 on the file of learned II Metropolitan Magistrate, Egmore, Chennai, u/s.12(1) r/w 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. Trial Court, under judgment dated 14.09.2013, while declining to grant relief u/s.18, 20 and 22 of the Act, granted relief u/s.19 and 20(d) of the Act. There against, petitioner preferred an appeal in C.A.No.44 of 2014 on the file of learned III Additional Sessions Judge, Chennai, which came to be dismissed under judgment dated 30.07.2014. Hence, this revision.
3. Heard learned counsel for petitioner and learned counsel for respondent.
4. In dismissing the appeal, the appellate Court has found as follows:
(i)There were sufficient documents to show that the petitioner has committed acts of domestic violence against respondent. From the evidence of petitioner/DW-1, it is evident that he deserted the family and began to live with another woman.
(ii)The cross-examination of respondent/wife revealed that she is earning sufficiently and that is why she refused monetary benefits from petitioner/husband. Despite the fact that petitioner/husband is living in adultery, respondent/wife wants to rejoin him for the welfare of her son. Hence, trial Court rightly has granted residential order and maintenance to the son. Petitioner, as a father, is duty bound to maintain the child. Taking into consideration the income of petitioner, it cannot be said that amount of maintenance is exorbitant. This Court finds no error in the reasoning of the Appellate Court.
The Criminal Revision Case is dismissed. Connected miscellaneous petition is closed. 07.02.2017 Index:yes/no Internet:yes gm C.T. SELVAM, J gm To
1.The III Additional Sessions Judge, Chennai.
2.The II Metropolitan Magistrate, Egmore, Chennai.
Crl.R.C.No.1132 of 2014 07.02.2017 http://www.judis.nic.in