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Cites 3 docs
The Muslim Women (Protection of Rights on Divorce) Act, 1986
Section 29 in The Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005

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Kerala High Court
Vilasini vs Vijayamma Sabu @ Rama on 4 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 857 of 2008()


1. VILASINI,W/O.RAGHAVAN
                      ...  Petitioner

                        Vs



1. VIJAYAMMA SABU @ RAMA
                       ...       Respondent

2. STATE REPRESENTED BY PROSECUTOR

                For Petitioner  :SRI.M.BALAGOVINDAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/03/2008

 O R D E R
                      V. RAMKUMAR, J.
                 = = = = = = = = = = = = =
                    Crl.M.C.No.857 of 2008
                 = = = = = = = = = = = = = =
            Dated this the 4th day of March, 2008
                             ORDER

The petitioner, who is the 1st respondent in Crl.M.P.No.561 of 2008 in C.M.P.No.2246 of 2007 on the file of the Additional Chief Judicial Magistrate, Ernakulam, challenges the order dated 15.02.08 passed by the Magistrate restraining the respondents to the said CMP from obstructing the applicant- Vijayamma Sabu (1st respondent herein) from residing in the shared household mentioned in the petition.

2. The main contention of the petitioner is that an adult male person can alone be a respondent to a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. She further contends that claiming identical reliefs, the 1st respondent herein has filed two other applications.

3. Annexure G order is an order which is appealable under Section 29 of the said Act and the petitioner is free to raise all the contentions, including the aforementioned arguments before the Appellate Court, namely the Sessions Court concerned. Reserving the right of the petitioner to raise all those contentions before the Appellate Court, this Crl.M.C is dismissed.

V. RAMKUMAR, JUDGE Crl.M.C.No. of 2008 2 sj