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2007 Supreme(Ker) 132

R.BASANT
P. Chamdrasekhara Pillai – Appellant
Versus
Valsala Chandran & Anther – Respondent


Judgment :-

The petitioner in this Crl.M.C. has suffered an ex parte interim order under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as `the Act').

That order was suffered by the petitioner in an application filed by the first respondent herein, admittedly his wife. She had approached the learned Magistrate with an application under Section 19 of the Act.

The learned Magistrate, after considering the affidavit filed by the petitioner along with the application under Section 12, where she claims relief under Section 19, came to the conclusion that ex parte interim order is liable to be passed in favour of the first respondent herein. Accordingly, an order was passed invoking the powers under Section 23 r/w. Section 19 allowing the first respondent and her children to reside in the home "Chandra Bhavanam, Kuruppu's Lane, Sasthamangalam, Thiruvananthapuram. The City Police Commissioner, Trivandrum was further directed to give necessary protection to the first respondent for her peaceful residence in the home along with her children.

2. I shall hereafter refer to the parties in the manner in which they are ranked before the learned Magis




















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