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2009 Supreme(Ker) 550

M.SASIDHARAN NAMBIAR
Surendran – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioner:P.K. Mohanan (Palakkad), Advocate. For the Respondent:B. Vinod, Public Prosecutor, Sunil Nair (Palakkad), K.N. Abhilash, R. Leela, Advocates.

Judgment :

1. Respondents in M.C.6/2009 on the file of Judicial First Class Magistrate, Taliparamba are the petitioners. Second respondent is the petitioner in M.C. 6/2009. M.C.6/2009 was taken cognizance by the learned Magistrate on Annexure-5 complaint filed by second respondent under S.12 of Protection of Women from Domestic Violence Act (hereinafter referred to as "the Act") claiming value of gold ornaments, compensation for cheating and for residential accommodation under S.19. It is admitted case that marriage of first petitioner with second respondent was solemnized on 15.07.2002 at Sree Krishna Temple, Guruvayur. Later second respondent filed O.P. 431/2003 before Family Court, Kannur under S.12(1) of Hindu Marriage Act for a declaration that her marriage with first petitioner is null and void contending that first petitioner was impotent and suppressing that fact marriage was conducted and therefore the marriage is to be declared null and void. Under Annexure-1 order dated 28.01.2005 Family Court, Kannur declared the marriage null and void. Second respondent had also filed M.C. 191/2003 for maintenance under S.125 of Code of Criminal Procedure before the Family Court, Kannur




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