The central legal point established in the judgment is the requirement for the trial court to consider the Domestic Incident Report and act in accordance with the provisions of The Protection of Women from Domestic Violence Act, 2005, Section 12.

1. For the sake of convenience, the names of the parties as mentioned in the complaint filed before the Judicial Magistrate Court are referred to in this order.

2. The following are the allegations contained in the complaint filed by the complainant under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') and Section 200 Cr.P.C.:-

2(i). The first respondent is the elder brother of the complainant. The second respondent is his wife. The third and fourth respondents are father-in-law and mother-in-law of the first respondent. The parents of the complainant are no more. They have got two sons and five daughters. Everybody got married excepting this complainant. This complainant has been working as a daily wage coolie in a private banian company in Oranganpatti. She had been earning a sum of Rs.2,000/- per month for about ten years and she had given the entire amount of Rs.2,40,000/- to the first respondent. He also changed his name in the revenue records with reference to 1½ acres belonging to their mother without her knowledge, in which, he has been cultivating, thereby, he is receiving Rs.25,000/- per annum. The tiled house in which he is residing stands in their mother's name which is worth about Rs.1,50,000/-. In the said house, the complainant has got share, but the first respondent got mutated his name for the assessment.

2(ii). About ten months back, the first respondent sold 50 cents of lands situated in Chettiyar Vayal Kadu, got Rs.1,50,000/- and all the brothers and sisters excepting this complainant divided the same. The first respondent represented that the share of Rs.35,000/- belonging to the complainant would be retained by him for her marriage expenses.

2(iii). The complainant was pressurised by the second respondent to attend to all the household duties and also threatened her to leave the house. She also abused the complainant by uttering words which hurt her feelings. The first respondent had not taken any steps for the marriage of the complainant. The first respondent, at the instigation of the respondents 2 to 4, assaulted, abused and harassed her and the complainant used to go to her elder sister's house then and there. The third and fourth respondent also stayed in the house of the first respondent and forced the complainant to do errand duties and they also refused to provide food to her. They also asked her to elope with somebody else, otherwise to commit suicide after consuming poison.

2(iv). At the instigation of the respondents 2 to 4, the first respondent scolded the complainant with obscene words, assaulted her and necked her out from the house shouting that she should run away from the house after throwing her belongings on the street and further abused that if she returned back, they would burn her. Hence the complainant laid a complaint before the Karuppayurani Police Station. But, no steps were taken by the police stating that it was a civil case. Presently, the complainant is residing temporarily in her sister's house. The first respondent, obliging the words of the other respondents, is refusing to provide facilities and do the duties lawfully to be done to the complainant. Hence, necessary enquiry may be held and a sum of Rs.5,00,000/- may be directed to be paid by the respondents to the complainant.

2(v). The learned Judicial Magistrate recorded sworn statement of the complainant on 12.03.2008, took the case on file and acted in accordance with the provisions of the Act. The District Welfare Officer was nominated as Protection Officer, who submitted a report before the Court below on 17.04.2008 after enquiring the complainant and the second respondent. The respondents in the complaint had not appeared before the Court at the time of final hearing. The learned Judicial Magistrate passed orders on 20.05.2008 directing the first respondent to pay a sum of Rs.5,000/-per month to the complainant as monthly maintenance. Aggrieved against thi