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2008 Supreme(Ker) 292

V.RAMKUMAR
Priya – Appellant
Versus
Shibu – Respondent


Advocates Appeared:For the Petitioners:R. Padmakumar, Advocate. For the Respondents:R. Reji, Advocate.

Judgment :

The interesting question which is raised in this revision is as to whether a divorced wife is entitled to file a petition under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as `the Act) claiming return of dowry and ornaments and also for maintenance payable under Section 125 of Cr.P.C.

2. I heard Adv.Sri.Padmakumar, the learned counsel appearing for the revision petitioner and Adv.Sri.R.Reji, the learned counsel appearing for respondents 1 to 3.

3. Thefacts leading to the impugned proceedings are the following:-

The marriage between the first respondent, Shibu and the revision Petitioner, Priya was solemnised on 17.4.2003. Their post marital life lasted only for about one year. In November, 2004 the marital partners parted company. Subsequently as per order dated 15.2005 passed by the Family Court, Alappuzha, their marriage was dissolved and a decree of divorce was passed. On 11.2007, the revision petitioner, Priya moved the JFCM, Mavelikkara by filing CMP 278/2007 under Section 12(1) of the Act claiming the following reliefs:-

1) to register a case against her former husband, Shibu, mother-in-law, Retnamma, Sister-in-l







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