C. K Kunjumon vs State Of Kerala, Represented By Public Prosecutor

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 966

BECHU KURIAN THOMAS
C. K Kunjumon – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Shaji Chirayath, Raju Joseph, Jiji M. Varkey, M.K.Safeela, Beevi, Savitha Ganapathiyatan, M.M.Shajahan
For the Respondent: Vivek Venugopal (Amicus Curiae), Public Prosecutor

ORDER :

Bechu Kurian Thomas, J.

Can an original petition under Article 227 of the Constitution of India be preferred against a judgment in an appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 [for short, ‘DV Act’] is the question that arises for consideration in this original petition.

2. Petitioner is the husband in a domestic relationship. The wife preferred an application under Section 12 of the DV Act and a final order was issued directing payment of monthly maintenance. The appeal preferred against the said order under Section 29 of the DV Act, before the Sessions Court, Ernakulam was dismissed by the impugned order. Petitioner has preferred this original petition under Article 227 of the Constitution of India challenging the order of the appellate court. The Registry of this Court noticed a defect that the original petition is not maintainable. Instead of curing the defect, petitioner requested the matter to be placed before this Court for consideration.

3. Sri. Shaji Chirayath, the learned counsel for the petitioner, contended that the jurisdiction under Article 227 of the Constitution of India can be exercised by this Court since the juri

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