High CourtsSingle Bench(2022) 09 KL CK 0145

Louis.P.O vs Sherly.M.Thomas

High Court Of Kerala · Decided on 27 September 2022

HON’BLE JUDGES
Dr Kauser Edappagath, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition No. 5443 Of 2019

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Judgment

5 paragraphs · 235 words

Dr. Kauser Edappagath, J

1.

This Crl.M.C has been filed to quash all further proceedings in M.C.No.104/2017 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally.

2.

Admittedly, the 1st petitioner herein is the husband of the respondent. However, the petitioners 2 to 4 are the children born to the 1st petitioner in his 1st marriage. The respondent filed M.C.No.104/2017 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally invoking Section 12 of the Protection of Women from Domestic Violence Act (for short 'the DV Act') against the petitioners, claiming various reliefs such as protection order, residence order, maintenance and compensation order.

3.

The case of the petitioners is that there is absolutely no domestic relationship between petitioners 2 to 4 and the respondent in as much as they are not the children born in the wedlock between the 1st petitioner and the respondent. It is alleged that they will not satisfy the definition of 'respondent' in the DV Act. It is also alleged that the petition as against the 1st petitioner is also not sustainable.

The petitioners are free to take up all these contentions before the learned Magistrate. Those contentions cannot be agitated in a petition filed under Section 482 of Cr.P.C. Thus, this Crl.M.C stands dismissed, with liberty to the petitioners to take up all the contentions raised in this Crl.M.C, in M.C.No.104/2017 pending before the court below.