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2010 Supreme(Ker) 706

V.RAMKUMAR
Sunitha – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioners:A.T. Anilkumar, Advocate. For the Respondents:
V.K. Sunil, Advocate.

Judgment :

1. In this Revision filed under Section 397 read with Sec. 401 Cr.P.C. the Revision Petitioner who was the applicant in C.M.P. 3532 of 2009 on the file of the J.F.C.M. Adimaly, challenges the order dated 2-2-2010 passed by the Magistrate dismissing the said C.M.P. filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ("the Act" for short).

2. In the aforesaid application filed by the Revision Petitioner against her husband who was the sole respondent in the application, she claimed reliefs under Sections 18, 19 and 20 of the Act. The application was filed in Form No. II of the Protection of Women from Domestic Violence Rules, 2006 ("the Rules" for short). The learned Magistrate ordered notice on the application to the respondent husband. He, however, refused to accept the notice which was returned unclaimed. Thereafter the learned Magistrate took up the application, proof affidavit and Exts.P1 to P11 (which were marked) and as per the impugned order dated 2-2-2010 dismissed the application as not maintainable holding inter alia that even though the applicant has filed the application in Form II no complaint is filed as contemplated by Sec. 2 (d)





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