Kerala High Court
Unknown vs By Advs.Sri.M.Ramesh Chander
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 29TH DAY OF JUNE 2018 / 8TH ASHADHA, 1940
WP(C).No. 17771 of 2018
PETITIONER
BABU,
AGED 51 YEARS, S/O. LATE SHAMBU,
BEKAL, PALLIKKARE 2ND VILLAGE,
NEAR SREE KURUMBA BHAGAVATHI TEMPLE,
BEKAL, KASARAGOD DISTRICT.
BY ADVS.SRI.M.RAMESH CHANDER , SENIOR ADVOCATE
SMT.K.A.SANJEETHA
SRI.BALU TOM
RESPONDENTS:
1. LEELA K., W/O.LATE SHAMBU,
K.K. HOUSE, NEAR SREE KURUMBA BHAGAVATHI TEMPLE,
BEKAL, KASARAGOD DISTRICT.
2. PRESIDING OFFICER,
MAINTENANCE TRIBUNAL AND REVENUE DIVISIONAL OFFICER,
KANHANGAD - 671 315.
3. STATION HOUSE OFFICER,
BEKAL POLICE STATION, KASARAGOD DISTRICT,
PIN - 671 318.
R1 BY ADVS. SRI. BALU TOM
SRI.SURESH KUMAR KODOTH
SRI.K.P.ANTONY BINU
R2 & R3 BY SR GOVERNMENT PLEADER SRI. SAIGI JACOB PALATTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-06-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 17771 of 2018 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 PHOTOSTAT COPY OF THE ORDER OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II, HOSDURG DATED
10.01.2018 IN MC 237/16
EXHIBIT P2 PHOTOSTAT COPY OF THE APPLICATION BY THE 1ST
RESPONDENT DATED 28.02.2018
EXHIBIT P3 PHOTOSTAT COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 18.04.2018
EXHIBIT P4 PHOTOSTAT COPY OF THE COUNTER FILED BY THE
PETITIONER DATED 25.05.2018
EXHIBIT P5 PHOTOSTAT COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 28.04.2018
EXHIBIT P6 PHOTOSTAT COPY OF THE COUNTER FILED BY THE
PETITIONER DATED 23.05.2018
RESPONDENTS EXHIBITS
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EXT.R1(A) TRUE COPY OF FIR NO. 56/2017 OF BEKAL POLICE STATION
EXT.R1(B) TRUE COPY OF FIR NO 79/2018 OF BEKAL POLICE STAITON
EXT.R1(C) TRUE COPY OF CRL MP 1814/18 IN CRL APPEAL NO. 22/18 BEFORE
DISTRICT COURT
EXT.R1(D) TRUE COPY OF COMPLAINT DATED 4.6.18
EXT.R1(E) TRUE COPY OF COMPLAINT DATED 5.6.18
/TRUE COPY/
PA TO JUDGE
sdr/-
6.7.18
ALEXANDER THOMAS, J.
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W.P.(C)No.17771 of 2018
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Dated this the 29th day of June, 2018
JUDGMENT
The 1st respondent herein is the mother of the petitioner herein. The petitioner is aggrieved by the impugned Ext.P3 order dated 18.4.2018 and the directions issued in the letter dated 28.4.2018 by the 2nd respondent Tribunal (presided over by the R.D.O., Kanhangad, Kasaragod District), under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The 1 st respondent (mother) had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Judicial First Class Magistrate's Court, Hosdurg as M.C.No.237 of 2016, seeking protection against domestic violence allegedly committed by the petitioner. The said application under the Domestic Violence Act was dismissed by the learned Magistrate as per Ext.P1 order dated 10.1.2018. Aggrieved thereby the 1st respondent had filed Crl.Appeal No.22 of 2018 before the Sessions Court, Kasaragod so as to impugn Ext.P1 order. In the said Criminal Appeal, the Sessions Court had passed an interlocutory direction as per order dated 23.3.2018 on Crl.M.P.No.599 of 2018 in the said Criminal Appeal directing the W.P.(C)No.17771/2018 ..2..
respondents therein (petitioner herein and his wife), not to obstruct the peaceful residence of the appellant therein (respondent No.1 herein), in the residence and not to commit any act of domestic violence on her. In the meanwhile, the 1st respondent had filed Ext.P2 application dated 28.2.2018 before the 1st respondent/ Tribunal, under the provisions contained under Rule 4(1) of the Rules framed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In Column No.4 of Ext.P2 application, which deals with 'reason for making the application', is shown as b