SONA C. SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition has been filed against the order in C.M.P.437 of 2020 in M.C.22/20 on the file of Judicial First Class Magistrate-IV, Thiruvananthapuram, which has been confirmed in the judgment in Crl.A.33/21 dtd. 3/8/21 of the Additional District and Sessions Court, VI, Thiruvananthapuram.

(2.) M.C.No.22/20 has been filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) against respondents 2 to 5. The 2nd respondent is the husband of the revision petitioner and respondents 3 to 5 are the father, mother and brother respectively of the second respondent. M.C.22/2020 has been filed under sec. 12 of the Act claiming reliefs under Ss. 18 and 19 of the Act.

(3.) Interim order under sec. 23 of the Act was granted in favour of the petitioner restraining the respondents from evicting the petitioner from the shared household until further orders and also restraining them from committing any act of domestic violence against the petitioner. The second respondent, the husband of the petitioner filed C.M.P.437/20 to alter or modify the interim order. The second respondent expressed his willingness to provide equivalent alternate accommodation to the petitioner. That petition was considered along with other CMPs. Since the facts in other CMPs are not relevant for the disposal of this revision petition, I am not going into those aspects. The petitioner is aggrieved by the impugned order vacating the residence order granted to the petitioner and directing to vacate her from the shared house within one month. The 2nd respondent was also directed to provide equivalent alternative accommodation suitable to the petitioner or in lieu to provide Rs.8000.00 per month as rent.