In this Revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioners who are respondents 3 to 5 in M.C. No. 4 of 2008 on the file of the Chief Judicial Magistrates court, Thodupuzha, challenge the order dated 10-7-2008 passed by the learned Chief Judicial Magistrate dismissing their petition filed as C.M.P. No. 3791 of 2008 for removing them from the array of respondents.

2. The above M. C. was filed by the 2nd respondent herein (Namitha) aged 24 years under Sections 12, 19(9) and 22 of the Protection of Women from Domestic Violence Act, 2005 ("the Act" for short) for return of Rs. 10,00,000/- by way of damages and 94 sovereigns of gold ornaments in the custody of the five respondents in M.C.

3. The case of the 2nd respondent herein in the M.C. filed by her before the Chief Judicial Magistrate, Thodupuzha is as follows:-

The marriage between the applicant and the first respondent was on 1-9-2007. At the time of her marriage 101 sovereigns of gold ornaments was given to her. After the marriage the applicant who belongs to Thodupuzha started residing in her matrimonial home at Adoor in Pathanamthitta District. From the very moment of her entering the matrimonial home, her husband and respondents 2 to 5 started harassing her mentally and physically. On the 2nd day of marriage 94 sovereigns of gold ornaments were forcibly taken from the possession of the applicant. The applicant resided with the first respondent till 10-09-2007. during the said period she had no physical contact with the first respondent/husband who as not capable of discharging his marital obligations. the first respondent told her that he has no capacity to consummate the marriage and that he was giving consent to the marriage due to the compulsion by the other respondents. This was revealed to her on the 4th day of marriage. The applicant was married by practicing deception on her and the sole intention behind the marriage was to grab at her money and gold ornaments. Realising the truth the applicant collapsed. The father of the applicant advised to the first respondent to consult a doctor but the first respondent was evasive. Since the applicant had revealed to her father about the incapacity of her husband, the first respondent became wild during the night of 6-9-2007. He got hold of her by the neck and threatened her that he would do away with her. This incident happened at her house. In spite of the above incident, she went with him to the matrimonial home. After reaching there the first respondent tortured both mentally and physically. The 2nd respondent who is the brother of the first respondent/husband threatened her with a chopper after consuming liquor and she managed to escape after closing the door. On 10-09-2007 the parents of the applicant went to the house of the first respondent. On that day she along with her parents were driven from the house by the first respondent who declared that he does not want the applicant as his wife. Even though the gold ornaments were demanded back, the respondents did not return the same. After 10-09-2007 the applicant is residing with her parents. She is an engineering graduate. On account of the continuous threatening telephone calls by the first responder to her office, she had to resign her job out of shame. Due to the above act of the respondents the applicant who was deceived had suffered a mental breakdown and she is entitled to a sum of Rs. 10,00,000/-as compensation. She has already filed an H.M. O.P. for declaring that the marriage was null and void. She is also entitled to get back the 94 sovereigns of gold ornaments forcibly appropriated from her. After registering the application as M.C. 4/2008 the learned Chief Judicial Magistrate issued notice to the respondents. All the five respondents entered appearance. Subsequently, on 21-6-2008, the learned counsel appearing for respondents 3 to 5 in the M.C. who are the revision petitioners herein (Ramadevi, Deepthi and Deepa) filed a peti