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2021 Supreme(Online)(KER) 37131

N.V.MATHEW – Appellant
Versus
ELSAMMA JACOB – Respondent


Advocates:
['PRAFIN JOSEPH ZACHARIA', '', 'SRI JOSEKUTTY MATHEW', 'SMT PRASEENA ELIZABETH JOSEPH', 'CIBI THOMAS']

JUDGMENT

DATED THIS THE 5TH DAY OF AUGUST, 2021 Heard the learned counsel for the petitioner as well the learned counsel for the 1st respondent.

2. This O.P. (Crl.) is filed seeking the following reliefs:

1) Call for the records in M.C., No. 9.2016 on the file of JFMC, Kuthuparampa and the records iin Criminal Appeal No. 38/2017 on the file of District and Sessions Court, Talasserry and set aside the stay order in the M.C. No. 9/2016 (Ext.P1) on condition as this honourable court thinks fit.

2) Issue a direction or order sending entire matters to the adalath of this honourable court for immediate report.

3. The petitioner is the respondent in M.C. No. 9 of 2016 on the file of the Judicial First Class Magistrate, Kuthuparamba. The 1st respondent herein has approached the learned Judicial First Class Magistrate with a petition under Section 12 of Protection of Women from Domestic Violence Act and also claiming compensation. The learned Judcial First Class Magistrate by an order dated 06.01.2017 allowed the petition in part and restrained the respondent, who is the petitioner herein, from committing domesitc violece against the 1st respondent herein. He was also restrained from alienating

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