JUDGMENT

(Prayer: Criminal Revision Petition has been filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and set aside the judgment dated 07.01.2019, passed in C.A.No.64 of 2017, on the file of III Additional Sessions Court, Tirunelveli and the order dated 06.09.2017, passed in M.C.No.11 of 2016, on the file of the Judicial Magistrate Court No.I, Tirunelveli.)

1. This Criminal Revision is directed against the order passed in C.A.No.64 of 2017, dated 07.01.2019, on the file of III Additional District Court, Tirunelveli, modifying the order passed in M.C.No.11 of 2016, dated 06.09.2017, on the file of the Court of Judicial Magistrate No.I, Tirunelveli.

2. For the sake of convenience and brevity, the parties will be referred as per their status and ranking in the trial Court.

3. It is not in dispute that the petitioner is the daughter of the first respondent, that the first respondent and her deceased husband – Vethamuthu Victor had two daughters M.Merlin – petitioner herein and Golta and a son – Antony Asir Daniel – second respondent herein and that the third respondent is the wife of the second respondent. The petitioner, by alleging domestic viol