C.T.Natarajan v. Santha
Case brief
What is this about?
Holding that an elderly husband who refused maintenance could not claim abuse of process when his son's interference necessitated domestic violence proceedings; instead, the DVA case was quashed after ordering monetary maintenance for the wife.
What did the court decide?
Order quashing the DVA proceedings; directing petitioner to pay Rs.20,000 monthly maintenance to respondent from November 2023.
What the court decided
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
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
Issues for consideration
2 issues framed by the court
Whether the Domestic Violence proceeding is an abuse of process and should be quashed in light of the parties' ages and the son's interference.
Whether the petitioner/husband is liable to pay maintenance to the elderly respondent/wife who resides in his house without proper maintenance.
Parties & counsel
- petitioner
C.T. Natarajan
- respondent
Santha
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
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