Husband challenged a Magistrate's order requiring return of 10 sovereigns of gold and household articles to his wife and child in a maintenance case, claiming no gold was retained as sreedhana. The High Court found the husband's own admissions supported the order and dismissed the revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C.No.948 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.R.C.No.948 of 2024
Venkatesan
... Petitioner
Vs.
PRAYER : Criminal Revision filed under Section 397 r/w Section 401 of the code of Criminal Procedure, 1973 to set aside the order dated 12.07.2023 made in Crl.M.P.No.888 of 2023 in M.C.No.1 of 2020 on the file of the learned Judicial Magistrate No.II, Madhuranthagam.
For Petitioner : Mr.B.Jawahar For Respondents : Mr.K.Govi Ganesan
O R D E R
The present criminal revision petition has been filed to set aside
the order dated 12.07.2023, passed by the learned Judicial Magistrate No.II,
Madhuranthagam, in Crl.M.P.No.888 of 2023 in M.C.No.1 of 2020.
Page 1 of 6
Crl.R.C.No.948 of 2024
2. The revision petitioner is the husband and the first respondent
is the wife. The marriage between the petitioner / husband and the first respondent / wife was solemnized on 19.08.2019 and through the wedlock, the second respondent was born. Due to matrimonial dispute and misunderstanding between them, they were living separately. The petitioner / husband filed a petition in H.M.O.P.No.78 of 2016 seeking divorce on the file of the Sub Court, Cheyyur. In the meantime, the respondents filed a petition in M.C.No.1 of 2020 on the file of the Judicial Magistrate, Maduranthagam seeking maintenance. Pending the said petition, the respondents filed a petition in Crl.M.P.No.888 of 2023 for return of 20 sovereigns of gold and other household articles from the custody of the petitioner. The learned Judge, after hearing both sides, allowed the petition in part by directing the petitioner / husband to return 10 sovereigns of gold and other household articles as mentioned in the order dated 12.07.2023. Challenging the said order, the petitioner / husband filed the present revision petition.
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Crl.R.C.No.948 of 2024
3 . The learned counsel for the petitioner submitted that though the
respondents claimed that at the time of marriage, the first respondent family has given 20 sovereigns of gold and other household articles to the petitioner, except household articles, no other sreedhana articles were retained by the petitioner. Without analysing the same, the Court below ordered for return of 10 sovereigns of gold, which is unsustainable. Further, the petitioner is ready to return the household articles except the gold articles as ordered by the Court below.
4. The learned counsel for the respondents submitted that during
the cross-examination of the petitioner, he has admitted that the first respondent family has given 20 sovereigns of gold articles and other household articles as sreedhana and the Court below has only ordered for return of 10 sovereigns of gold articles and other household articles which cannot be interfered with.
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Crl.R.C.No.948 of 2024
5. This Court gave its anxious consideration to the submissions
advanced by the learned counsel appearing on either side and perused the materials available on record.
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Crl.R.C.No.948 of 2024
No.II, Madhuranthagam in Crl.M.P.No.888 of 2023 in M.C.No.1 of 2020 within a period of four weeks from the date of receipt of a copy of this order. However, the petitioenr is directed to return 10 sovereigns of gold and other household articles as ordered by the Court below and produce necessary proof before the said Court. On production of proof, the learned Judicial Magistrate No.II, Madhuranthagam shall dispose of the main case, i.e., M.C.No.1 of 2020 within a period of eight weeks thereafter.
10.06.2024
NCC : Yes / No Index : Yes / No Speaking Order : Yes / No
vji
To
The Judicial Magistrate No.II, Madhuranthagam.
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Crl.R.C.No.948 of 2024
M.DHANDAPANI, J.
vji
Crl.R.C.No.948 of 2024
10.06.2024
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1 issue framed by the court
Whether the order directing return of 10 sovereigns of gold and household articles to the wife could be interfered with in revision?
1 provisions across 1 enactments
Venkatesan
Surya
Minor Kaviya
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
