K.M.SONIA MADAIAH Vs. K.M.LEELAVATHI

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 4/8/2022 passed by the II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet in Criminal Appeal No.5009 of 2019 rejecting the appeal filed by the petitioner under Sec. 29 of the Protection of Women from Domestic Violence Act , 2005 (hereinafter referred to as 'the Act' for short).

(2.) Heard Sri B.S. Sachin, learned counsel appearing for the petitioner, Sri I. S. Devaiah, learned counsel appearing for respondent No.1 and Smt. K.P. Yashodha, learned High Court Government Pleader appearing for respondents 2 and 3 and.

(3.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:- Before embarking upon the journey, I deem it appropriate to notice the relationship of parties to the lis. The petitioner is the daughter-in-law of the 1st respondent who is the grandmother of the child - Dilan Devaiah, who is the main protagonist in the conundrum. On 6/1/2008 the petitioner marries one Viju Madaiah, son of the 1st respondent. On 12/5/2013 Viju Madaiah dies. By then the couple had two children from the wedlock and are at present aged about 15 years and 12 years. Owing to certain matrimonial disputes, the petitioner leaves the matrimonial house i.e., the house in which the 1st respondent was staying. Meanwhile, the husband of the 1st respondent also dies. Therefore who remained in the family were the daughter-in-law, the mother-in-law and two children.