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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH
P.R.Rajan S/o. Krishnamoorthi – Appellant
Versus
State Of Kerala – Respondent
ORDER :
G.GIRISH, J.
The common judgment rendered by the IInd Additional Sessions Judge, Kozhikode, in Crl.A.Nos.174 & 175/2024 is under challenge in these revisions. The appellant in the above appeals was the petitioner in M.C.No.20/2023 on the files of the Judicial First Class Magistrate Court-III, Kozhikode, a case filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (in short, ‘PWDV Act’). Before the learned Magistrate, the aggrieved person filed C.M.P.No.1081/2023 under Section 23(2) of the PWDV Act, seeking various interim reliefs of protection order, residence order, maintenance order etc. C.M.P.No.3955/2023 was filed by the aggrieved person before the learned Magistrate for getting back her original title deeds of property from the respondent. The learned Magistrate dismissed both the petitions stating the reason that the petitioner had suppressed material facts before the court, and hence the affidavit filed by her did not inspire confidence of the court to hold that a prima facie case of domestic violence is established. The Appellate Court found fault with the learned Magistrate for arriving at the conclusion that there was no prima facie evi
The court emphasized the necessity of prima facie evidence in domestic violence cases and upheld the Magistrate's findings on suppression of material facts.
Interim maintenance can be granted based on prima facie evidence, allowing for future rebuttal, as established under the Protection of Women from Domestic Violence Act.
The main legal point established in the judgment is that for Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 to be attracted, there must be a breach of a specific protection....
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
The entitlement of reliefs under the Protection of Women from Domestic Violence Act, 2005, is based on the occurrence of domestic violence and the suffering of the aggrieved person, as established by....
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