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2014 DIGILAW 1730 (MAD)

Petitioner v. Respondent

2014-06-26

T.S.SIVAGNANAM

body2014
JUDGMENT T.S. Sivagnanam. J 1. Notice of moti on returnable by four weeks. Private notice is also permitted. The petitioner is also permitted to serve the learned counsel who appears for the respondents before the trial Court. 2. Heard the learned counsel for the petitioner. 3. In this revision, the petitioner challenges the order passed by the trial Court dated 14.03.2014 made in CA.No.110 of 2012 on the file of the XVI Additional Sessions Court, Chennai, confirming the order dated 16.02.2012 made in M.P.No.1008 of 2010 on the file of the VIII Metropolitan Magistrate Court, Chennai. 4. By the said order, the Court below directed payment of compensation to the 1st respondent/wife to the tune of Rs.3 lakhs and also to provide residence at Chennai. 5. Admittedly, the petitioner and the 1st respondent/wife are living separately. The Court below has recorded a statement that there is no chance for re-union. The compensation so awarded is for the burn injuries sustained by the wife, while she was in the matrimonial home. Initially, a criminal case was lodged against the petitioner and he was acquitted by the criminal Court. The Court, taking note of the order of acquittal, directed the petitioner/husband to pay a sum of Rs.3 lakhs compensation for medical expenses incurred by the 1st respondent/wife. This, according to the learned counsel for the petitioner is an adhoc amount and no reason whatsoever has been given by the Court below as to how a sum of Rs.3 lakhs was fixed as compensation. It is submitted that there are two minor children. The 1st respondent/wife is staying in Chennai and she is not an employee anywhere, whereas the petitioner is employed as a Professor in Anna University. 6. The learned counsel for the petitioner submits that the petitioner is ready and willing to mediate and come to an amicable settlement. It is further submitted that the petitioner is paying a sum of Rs.7,000/- as maintenance to the two children. 7. 6. The learned counsel for the petitioner submits that the petitioner is ready and willing to mediate and come to an amicable settlement. It is further submitted that the petitioner is paying a sum of Rs.7,000/- as maintenance to the two children. 7. In the light of the above, there will be an order of interim stay with respect to providing a residence at Chennai and paying compensation to the tune of Rs.1,50,000/- to the 1st respondent/wife, for a period of four weeks, subject to the condition that the petitioner pays a sum of Rs.1,50,000/- (Rupees one lakh and fifty thousand) to the 1st respondent/wife, within a period of two weeks from the date of receipt of a copy of this order, by way of a demand draft, drawn in the name of the 1st respondent.