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2015 Supreme(Ker) 867

T.B.RADHAKRISHNAN, SUNIL THOMAS
Kunjathiri – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For Appellant : Rajit
For Respondents: John Joseph Vettikad and C. Joseph Johny

ORDER :

Sunil Thomas, J.

1. This revision arises from an order passed by the Sessions Judge, Thrissur in Crl. Appeal No. 752/2010 in a proceeding under the Protection of Women from Domestic Violence Act 2005 (Act 43 of 2005) (hereinafter referred to as "the Act" for short). A married woman sought protection order under Section 12 of the Act against her mother-in-law and sister-in-law. It was alleged that the above persons had subjected her to domestic violence at the matrimonial home. The husband of the above married woman was in Gulf country and apparently she had no grievance against the husband. The trial court granted the protection order under the Act, which was confirmed in appeal preferred at the instance of the mother-in-law. This is challenged in this revision by the mother-in-law.

2. One of the ground of challenge raised specifically in the revision was that without the husband of the married woman in the party array, an application under the Act was not maintainable and no relief can be granted. The learned single Judge, before whom the matter came up for hearing, noted the decision of this Court in Bismi Sainudheen v. P.K. Nabeesa Beevi & Ors., (2013 (4) KLT 377). After re























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