MADESWARI Vs. K. MANICKAM

JUDGEMENT

(1.) Ext.P6 order passed by the Judicial First Class Magistrate, Chittur in a proceeding under the Domestic Violence Act (for short 'the D.V.Act') is under challenge.

(2.) The petitioner herein filed M.C.No.34/2020 against the respondent under Sec. 12 of the D.V. Act claiming various reliefs. The petitioner is aged 61 years and the respondent is aged 67 years. According to the petitioner, she is the legally wedded wife of the respondent. It is alleged that her first husband (Rajendran) deserted her in the year 1980 and thereafter, she married the respondent on 10/12/1981. It is alleged that a son is born in the wedlock between the petitioner and the respondent and now the son has attained the age of 35 years. However, the respondent disputes the paternity of the son.

(3.) In the counter statement filed by the respondent before the learned Magistrate, he has disputed the marriage as well as the domestic relationship. A contention was raised that, since there is no domestic relationship between the petitioner and the respondent, the petitioner is not an aggrieved person as defined under Sec. 2(d) of the D.V. Act and hence the petition under the D.V. Act is not maintainable before the court below.