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2018 Supreme(Ker) 332

SUNIL THOMAS
Ansari – Appellant
Versus
Shiji – Respondent


Advocates Appeared:
For the Petitioner: Sri. M.T. Sureshkumar, Sri. R. Renjith, Advs.
For the Respondent: Sri. Latheesh Sebastian, Adv., Sri. M.K. Pushpalatha, By Public Prosecutor

ORDER :

The petitioners herein are the respondent Nos. 3 and 2 respectively in MC No.65/2017, pending before the Judicial First Class Magistrate, Varkala. The first respondent herein, who is the daughter-in-law of the petitioners, sought various reliefs under the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as the DV Act, for brevity).

2. The second respondent herein, who is the son of the petitioners, had married the first respondent on 7/2/2016. A child was born in the matrimonial relationship. The relationship got strained in the course of time. The first respondent alleged that due to unbearable matrimonial harassment meted out by the husband and the in-laws, she was forced to leave the matrimonial home and was taken by her parents to their house. Alleging that, thereafter, the husband and the in-laws had not maintained her, the first respondent initiated proceeding before the Magistrate Court under the DV Act, seeking various reliefs, including a residence order, with respect to “Saiber villa”, which she claimed to be the shared household. The court below granted an ex parte residence order in favour of the first respondent. It was enforced with














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