LOUIS P.O Vs. SHERLY M.THOMAS

JUDGEMENT

(1.) This Crl.M.C has been filed to quash all further proceedings in M.C.No.104/2017 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally.

(2.) Admittedly, the 1st petitioner herein is the husband of the respondent. However, the petitioners 2 to 4 are the children born to the 1st petitioner in his 1st marriage. The respondent filed M.C.No.104/2017 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally invoking Sec. 12 of the Protection of Women from Domestic Violence Act (for short 'the DV Act') against the petitioners, claiming various reliefs such as protection order, residence order, maintenance and compensation order.

(3.) The case of the petitioners is that there is absolutely no domestic relationship between petitioners 2 to 4 and the respondent in as much as they are not the children born in the wedlock between the 1st petitioner and the respondent. It is alleged that they will not satisfy the definition of 'respondent' in the DV Act. It is also alleged that the petition as against the 1st petitioner is also not sustainable.