ARAFATH ABOOBACKER Vs. ARAFEENA ARATATH

JUDGEMENT

(1.) Ext.P5 order passed by the Judicial First Class Magistrate Court II, Kannur (for short 'the court below') deciding the question of maintainability as a preliminary issue is under challenge in this Original Petition.

(2.) The petitioner is the husband. The 1st respondent is the wife. The 1st respondent filed Ext.P1 petition under Sec. 12 of the Protection of Women from Domestic Violence Act, (for short 'the DV Act') as M.C.No.132/2019 at the Judicial First Class Magistrate Court II, Kannur. The petitioner herein filed a petition C.M.P.No.1765/2021 to consider the question of maintainability as a preliminary issue. The petitioner has also filed Ext.P2 counter statement. In Ext.P2 counter statement, the petitioner challenged the maintainability of the petition on the ground that the court below lacks territorial jurisdiction to entertain and try the petition. The court below after hearing both sides dismissed the petition holding that it has territorial jurisdiction to entertain and try the petition. Challenging the said order, the petitioner has approached this Court invoking Sec. 227 of the Constitution of India.

(3.) I have heard Sri.Rajesh Sukumaran.K, the learned counsel for the petitioner, Sri.T.P.Sajid, the learned counsel for the 1st respondent and Smt.T.V.Neema, the learned Senior Public Prosecutor.