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2017 Supreme(Ker) 263

RAJA VIJAYARAGHAVAN V.
RAJU NARAYANA SWAMY – Appellant
Versus
BEENA M. D. – Respondent


Advocates Appeared:
For the Petitioners: SRI. S. RAJEEV, SRI. K.K. DHEERENDRAKRISHNAN, SRI. V. VINAY & SRI. D. FEROZE.
For the Respondents: SRI. S. SREEKUMAR, SRI. P. MARTIN JOSE, SRI. P. PRIJITH, SRI. THOMAS P. KURUVILLA, SRI. JANEESH THOTTATHIL, SRI. DEEPAK S. DEVAN & SMT. LAKSHMI SREEDHAR.

JUDGMENT :

RAJA VIJAYARAGHAVAN V., J.

1. Whether the Family Court has jurisdiction to take cognizance of an independent and original proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "PWDV Act" for short) and grant any of the reliefs under section 18 to 12 of the Act? This is the moot question raised by the petitioner in this case.

2. The petitioner herein is the respondent in M.C. No. 367 of 2015 on the file of the Family Court, Ernakulam. The aforesaid petition has been filed by the respondent herein under Section 12 of the PWDV Act seeking a residence order and monetary reliefs. The maintainability of the original application itself is under challenge in this petition filed under Article 227 of the Constitution of India.

3. Skeletal facts necessary for disposal of this petition are that the petitioner married the 1st respondent in the year 2007 and in course of time, the relationship ran into rough weather. This led to the filing of a petition seeking divorce by the respondent before the Family Court, Ernakulam as O.P. (HMA) No. 1451 of 2014. It appears that the said petition was allowed ex-parte. An application s
























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