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2008 Supreme(Ker) 77

R.BASANT
Karthikeyan – Appellant
Versus
Sheeja – Respondent


Advocates Appeared:For the Petitioner:K. Sasikumar, Advocate. For the Respondents:M.R. Sarin, Advocate.

Judgment :

This writ petition is directed against Ext.P4 order.

The respondent herein had approached the learned Magistrate with an application under section 12 of the Protection of Women from Domestic Violence Act, 2005. An ex-parte final order was passed against the petitioner. The petitioner filed an application to set aside the said ex-parte order. That petition was dismissed by Ext.P4 order. The petitioner has now come to this Court with a prayer that the powers under Article 227 of the Constitution may be invoked.

2. The learned counsel for the petitioner was requested to explain why he has come to this Court with a writ petition and why the option to prefer an appeal under section 29 of the Protection of Women from Domestic Violence Act has not been invoked. The learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the Act, no appeal was preferred and the petitioner has come to this Court with this writ petition.

3. The impugned order is certainly one affecting the rights of the petitioner. He wants the ex-parte order to be set aside. He can ei

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