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2009 Supreme(Ker) 1110

M.SASIDHARAN NAMBIAR
Velayudhan Nair P R – Appellant
Versus
Chimminikkara Karthiayani – Respondent


JUDGMENT

M.Sasidharan Nambiar, J.

1. The short question for consideration is whether for breach of an order passed under Section 19 or 20 of Protection of Women from Domestic Violence Act (hereinafter referred to as 'the Act'), respondent could be prosecuted for the offence as provided under Section 31 of the Act.

2. Petitioner is the son and respondent the mother. Respondent filed Ext. P1 petition under Section 12 of the Act claiming an order prohibiting commission of domestic violence under Section 18(a) and an order for reconveyance of the property to her under Section 18(c) and a residential order under Section 19(2) and mandatory relief under Section 20 of the Act. Under Ext. P4 order, Judicial First Class Magistrate-I, Sulthanbathery passed an order, finding that petitioner committed domestic violence, restraining the petitioner from alienating or disposing of the property under Section 19(d). A residential order under Section 19(2) and monetary relief under Section 20(a)(b) of the Act were also granted. Petitioner challenged that order before Sessions Court, Kalpetta. Under Ext. P7 order, learned Sessions Judge modified that order directing the petitioner to take the building s








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