MAHINKUTTY Vs. ANSHIDA

JUDGEMENT

(1.) This appeal arises from the order of the Family Court, Muvattupuzha, in a pending matter regarding the maintainability of the original petition.

(2.) The respondent herein, who is the wife of the 1st appellant, filed the original petition for recovery of money and gold ornaments. The appellants raised a preliminary objection as to the maintainability of the petition on the ground that very same relief sought by the respondent before the Judicial First Class Magistrate Court, Perumbavoor in a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005 (for short, the 'Act') was rejected, and, hence, the second petition for the same relief before the Family Court is barred by the principles of res judicata. The Family Court overruled the objection as per the impugned order holding that the proceedings under the Act are of a summary nature and the second petition before it, is not barred by the principles of res judicata.

(3.) What is the legal effect of the order passed under Section 20 of the Act granting monetary reliefs is the sole issue to be considered in this matter.