MOHAN KUMAR Vs. SANTHAMMA

JUDGEMENT

(1.) Challenge in the revision is by the husband, who was proceeded on an application by the wife under the provisions of the Protection of Women from Domestic Violence Act (for short "the Act"} against the order passed by the Judicial Magistrate of the First Class, Ranni prohibiting him from committing any domestic violence, with other directions also, as confirmed by the Additional Sessions Judge, Pathanamthitta, who has turned down his appeal.

(2.) The respondent/wife had moved an application under Section 12 of the Act imputing domestic violence by the revision petitioner - her husband. While they were having a shared household she was manhandled and necked out with her children and thereafter, she is living separately with the children in a rented house and, still, there is interference and perpetration of violence against her, even of preventing her from enjoying the collection of usufructs from her property and also various other abuses against her and her children, was her case.

(3.) The revision petitioner/husband, in his objections, refuted the allegations imputed. In the enquiry on the petition, the wife alone was examined as PW.1. Though she was subjected to cross-examination by the counsel for the husband, the order passed by the magistrate would disclose that when the matter came up for hearing, it was submitted on behalf of the respondent that he has no objection in granting the reliefs claimed by his wife. On the basis of that submission and also on the evidence let in the case, the magistrate passed the order prohibiting the husband from doing any act of domestic violence against the wife and the children. He was also prohibited from entering the school where the children studied, and the work place of the wife. A further prohibition order was made interdicting him from having any form of communication with the applicants. The magistrate passed two more orders of prohibition: