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2021 Supreme(Ker) 336

K.VINOD CHANDRAN, M.R.ANITHA
Ramachandra Warrior – Appellant
Versus
Jayasree, W/O. Ramachandra Warrior – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt.C.G.Preetha, Adv.
For the Respondent: Sri.Shaji Thomas Porkkattil, Sri.T.V.Vinu, Adv., Sri.S.U.Nazar, Senior Public Prosecutor, Sri.P.Vijayabhanu [Sr.], Amicus Curiae, Sri.S. Sreekumar [Sr.], Amicus Curiae, Advs.

ORDER :

Vinod Chandran, J.

The above revision is placed before us by virtue of a reference order made by a Single Judge finding conflict in the decisions rendered by two other Single Judges in Sulaiman Kunju v. Nabeesa Beevi [2015 (3) KHC 5] and Bipin v. Meera [2016(5)KHC 367]. The apparent conflict is with respect to the rights of a divorced woman to invoke the provisions of Protection of Women from Domestic Violence Act, 2005 ('DV Act' for brevity). In the course of hearing, from facts, we perceive a further question, which is as to whether the order of residence obtained by a wife in a shared household would seize automatically on a divorce being granted subsequently. This question arises both from the facts of this case and Sulaiman Kunju. In Bipin there was no order of residence sought by the divorced wife, but the declaration was insofar as a divorced woman being entitled to invoke the provisions of DV Act as against her husband. The declaration if applicable to the other reliefs that could be obtained under the DV Act, would equally apply to an order of residence sought under S.19, is the argument of the respondent herein.

2. Considering the complexity of the questions raised a

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