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2013 Supreme(Ker) 434

V.K.MOHANAN
Bismi Sainudheen, Thiruvananthapuram – Appellant
Versus
P. K. Nabeesa Beevi, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:K. Abdul Jawad, Advocate.
For the Respondents:R1, Sreedevi Kylasanath, Achuth Kylas, P. Vishnu Sankar, R. Sarathkrishnan, R2, S. Mohammed Al Rafi, Advocates. R3, Rajesh Vijayan, Public Prosecutor.

JUDGMENT

V.K. Mohanan, J.

1. A very crucial question that arose for consideration in the above M.C. is, whether the “wife” or “daughter in law” would come within the definition of “Respondent” contained in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to for short as “the Act” only). In order to answer the above question, brief facts which led to the filing of the above M.C. are inevitable, which follows as:

2. The challenge in this M.C. is against an order dated 15.12.2012 in C.M.P.No.4687/10 in M.C.No.76/09 on the file of the court of Additional Chief Judicial Magistrate-Thiruvananthapuram, filed by the mother-in-law of the present petitioner, by which the learned Magistrate allowed the petition, impleading the petitioner, who is the wife of the 2nd respondent in the above M.C. and the daughter in law of the petitioner therein. The petitioner herein, for convenience hereinafter referred to as, the wife/daughter in law and the 1st respondent as, the aggrieved person, and her son, who is the husband of the petitioner, as the 2nd respondent.

3. According to the petitioner herein, the aggrieved person approached the court below by filin




















































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