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2010 Supreme(Mad) 616

P.R.SHIVAKUMAR, C.NAGAPPAN
R. Nivendran – Appellant
Versus
Nivashini Mohan @ M. Nivashini – Respondent


Advocates Appeared:
For the Petitioners:Thomas T. Jacob, P. Lakshmi Devi, Advocates.
For the Respondent:R. Vijaya Raghavan, Advocate. P. Kumaresan Public Prosecutor.

Judgment :-

C. NAGAPPAN, J.

The petitioners have sought for a direction to call for the records in the case in C.C.No.356 of 2008, on the file of Judicial Magistrate Court No.II, Chengalpattu, initiated by the wife of the first petitioner seeking various reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005. The respondent herein wife filed application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, against the first respondent husband, his parents, his sister and other family members. In the present petition seeking to quash the proceedings, one of the grounds raised is that respondents 3, 4 and 6 in the application under Section 12 of the Act are women and Section 2(q) of the Protection of Women from Domestic Violence Act, would require the respondent to be an adult male person and women could not be added as respondents in the application. When this point was urged, it was found that there was a conflict of views on whether women could be added as respondents in an application under Section 12 of the Act, in the decisions in UMA NARAYANAN V.. PRIYA KRISHNA PRASAD [(2008) 3 MLJ (Crl) 756] and K.KAMALA AND OTHERS V..






























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