T.Balaji v. B.Nalini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN

Crl.R.C.No. 1248 of 2011 and M.P. No. 1 of 2011

T.Balaji .. Petitioner Vs. B.Nalini .. Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C. praying to set aside the order of the learned Judicial Magistrate No.1, Mayiladuthurai in M.C. No. 24 of 2008 dated 22.03.2011.

For Petitioners : M/s. K.M.Vijayan Associates For Respondent : No Appearance O R D E R

This revision has been filed to set aside the order passed by the learned Judicial Magistrate No.I, Mayiladuthurai in M.C. No. 24 of 2008 dated 22.03.2011.

1. The case of the petitioner in the trial Court is that on 01.06.2005, the marriage between the petitioner and the respondent was solemnized in the residence of the petitioner. Subsequent to that, both the petitioner and the respondent lived together without any misunderstanding. After one year, the petitioner, in a drunken mood, assaulted the respondent and insulted by saying infertile. Further, he threatened her for giving consent to marry some other lady. Therefore, the respondent had lodged a complaint before the police. In the enquiry, the petitioner had given assurance that he will not commit any mistake in future. Inspite of the assurance given by the petitioner, the petitioner again started to insult the respondent. Hence, the respondent had left the matrimonial home after filing the petition before the court, by saying that she is not having any means to maintain herself.